Take the Fifth: March 22 and 23, 2021 opinions

Designated for publication U.S. v. Brune, 19-11360, appeal from N.D. Tex. Smith, J. (Jones, Smith, Elrod), criminal, double jeopardy Affirming conviction of defendant for possess with intent to distribute a mixture and substance containing more than 50 grams of methamphetamine. In the charging instrument, the government had misstated the statutory citation for the charged crime, … More Take the Fifth: March 22 and 23, 2021 opinions

Take the Fifth: March 8, 2021 opinions

Designated for publication U.S. v. Masha, 19-20673, appeal from S.D. Tex. Jones, J. (Jones, Clement, Graves), criminal, sufficiency of evidence, sentencing Affirming conviction and sentence on eight counts of false use of a passport under 18 U.S.C. § 1543, and vacating (with government’s acquiescence) conviction and sentence on eight counts of misuse of a passport … More Take the Fifth: March 8, 2021 opinions

Take the Fifth: Feb. 24, 2021 opinions

Designated for publication U.S. v. Nora, 18-31078, appeal from E.D. La. Higginson, J. (Higginbotham, Jones, Higginson), criminal, sufficiency of evidence Reversing convictions and vacating sentence on counts of conspiracy to commit health care fraud, conspiracy to pay or receive illegal health care kickbacks, and aiding and abetting health care fraud, on holding that there was … More Take the Fifth: Feb. 24, 2021 opinions

Take the Fifth: Feb. 1 and 2, 2021 opinions

Designated for publication Tibakweitira v. Wilkinson, 18-60459, petition for review of BIA order Engelhardt, J. (Haynes, Duncan, Engelhardt), immigration Dismissing in part and denying in part Tanzanian citizen’s petitions for review of a BIA order dismissing his appeal from the IJ decision denying his application for withholding of removal and protection under the Convention Against … More Take the Fifth: Feb. 1 and 2, 2021 opinions

Take the Fifth: Jan. 28, 2021 opinions

Designated for publication Belliveau v. Barco, Inc., 19-50717, appeal from W.D. Tex. Jones, J. (Davis, Jones, Willett), Davis, J., concurring in part and dissenting in part; corporate veil piercing, breach of fiduciary duty Affirming district court’s summary judgment dismissing plaintiff’s claims against sole shareholder of company plaintiff claimed had grossly undervalued his intellectual property in … More Take the Fifth: Jan. 28, 2021 opinions

Take the Fifth: Dec. 7 and 8, 2020 opinions

Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions

Take the Fifth: Nov. 16, 2020 opinions

Designated for publication U.S. v. McKinney, 19-50801, appel from W.D. Tex. Southwick, J. (Owen, Davis, Southwick), criminal, search and seizure Vacating conviction and sentence based on conditional guilty plea to being a felon in possession of a firearm, holding that district court erred in denying motion to suppress evidence of discovery of firearm by an … More Take the Fifth: Nov. 16, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions