Designated for publication Texas v. U.S., 19-10011, appeal from N.D. Tex. per curiam (King, Elrod, Engelhardt), Affordable Care Act On remand from the U.S. Supreme Court, which had vacated the Fifth Circuit panel’s opinion upholding states’ challenge to the ACA, Court entered order vacating district court’s opinion and remanding to district court to dismiss suit. … More July 23, 2021 opinions
Unpublished Bowling v. Willis, 19-40914, appeal from E.D. Tex. per curiam (Jones, Barksdale, Stewart), vexatious litigant Dismissing appeal in part, and affirming in part, district court’s declaration of plaintiff as a vexatious litigant and issuance of a pre-filing injunction requiring court approval prior to any filings. U.S. v. Herrera, 20-10720, appeal from N.D. Tex. per … More July 22, 2021 opinions
Designated for publication U.S. v. Hudgens, 19-50628, appeal from W.D. Tex. Clement, J. (Jones, Clement, Graves), Graves, J., dissenting; criminal, sentencing Affirming 240-month sentence on guilty plea to two counts of conspiracy to possess with intent to distribute heroin and methamphetamine. Defendant had provided heroin to his girlfriend, who immediately began to show signs of … More July 16, 2021 opinions
Designated for publication Singh v. Garland, 19-60937, petition for review of BIA order Higginbotham, J. (Higginbotham, Southwick, Willett), immigration Granting stay pending review of petition for review of BIA order dismissing Indian citizen’s appeal of IJ decision denying his application for asylum and protection under the Convention Against Torture and finding petitioner not credible. Petitioner’s … More July 12, 2021 opinions
Designated for publication Franco v. Mabe Trucking Co., 19-30316, appeal from W.D. La. Dennis, J. (King, Jones, Dennis), Jones, J., dissenting; timeliness, venue Reversing district court’s dismissal of suit as untimely after venue was transferred under 28 U.S.C. § 1406(a) from Eastern District of Texas to Western District of Louisiana, and remanding for further proceedings. … More July 8, 2021 opinions
Designated for publication U.S. v. Tinney, 20-10849, appeal from N.D. Tex. per curiam (Davis, Duncan, Oldham), criminal, sentencing Affirming 18-month revocation sentence, plus an additional five years of supervised release, for recidivist sexual offender. The Court held that the district court did not commit plain error in mistakenly conflating criminal history score with criminal history … More June 29, 2021 opinions
Designated for publication Dean v. Akal Security, Inc., 20-30306, appeal from W.D. La. Southwick, J. (Higginbotham, Southwick, Engelhardt), Fair Labor Standards Act Affirming summary judgment in favor of defendant on FLSA claims arising from meal-period policy that automatically deducted one hour of pay from employees of security company whose employees accompanied deportees being flown to … More June 22, 2021 opinions
Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions
Designated for publication Seals v. Vannoy, 19-30447, appeal from E.D. La. Barker, J. (by desig.) (Smith, Ho, Barker), habeas corpus, Batson challenge Affirming denial of habeas relief on Batson challenge basis. The Court held that the state appellate court had not unreasonably applied clearly established federal law in reviewing petitioner’s Batson challenge when it considered … More June 15, 2021 opinions
Unpublished U.S. v. Gutierrez-Pineda, 19-40947, appeal from S.D. Tex. per curiam (Davis, Elrod, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Hines, 20-10671, appeal from N.D. Tex. per curiam (Haynes, Graves, Willett), criminal, First Step Act Affirming denial of sentence reduction under the First Step Act. U.S. v. Cardenas, 20-10708, appeal … More June 14, 2021 opinions
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