Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions
Designated for publication Higginson, J. (Clement, Graves, Higginson), breach of contract, mootness Affirming district court’s affirmance of bankruptcy court’s denial of motion to assume an executory contract, upholding finding that there was insufficient evidence in the record to show that, under Texas law, there was sufficient identification of the property or an offer or acceptance … More May 3, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Wiener, J. (Wiener, Stewart, Engelhardt), breach of contract Affirming judgment that original ship owners were in default on their loan agreements for the mortgages that financed construction of the vessels, and that, under Panamanian law, the lenders’ preferred ship mortgages outranked the state-created liens of a purchaser who agreed to purchase the … More March 24, 2023, opinions
Designated for publication Duncan, J. (Smith, Duncan, Oldham), Oldham, J., concurring; trademark infringement, sovereign immunity Affirming summary judgment dismissal of plaintiff’s trademark claims arising from reading-incentive program against county school district; and affirming on alternative grounds to the sovereign immunity grounds relied on by the trial court the dismissal of plaintiff’s trademark claims against nonprofit … More March 8, 2023, opinions
Unpublished per curiam (Richman, Barksdale, Duncan), unfair trade practices, § 1983 Affirming in part and dismissing for lack of jurisdiction in part appeal from dismissal of dentist’s claims against members of the state dentistry board and individuals who had assisted the board in an alleged conspiracy to deprive the plaintiff of his dental license. per … More March 2, 2023, opinions
Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions
Unpublished per curiam (Wiener, Elrod, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Jones, Oldham), breach of contract Dismissing appeal for lack of timely notice of appeal.
Unpublished per curiam (Smith, Barksdale, Haynes), breach of contract, sanctions Affirming summary judgment in favor of defendant in breach of contract dispute arising from agreements to transfer hotel properties; denying plaintiff’s motion for sanctions; granting defendants’ motion for Rule 38 sanctions for a frivolous appeal; and remanding for calculation of amount of sanctions award. per … More December 23, 2022, opinions
