Tag: compassionate release

June 18 and 21, 2021 opinions

June 22, 2021

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

June 15, 2021 opinions

June 16, 2021

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

June 14, 2021 opinions

June 15, 2021

Unpublished U.S. v. Gutierrez-Pineda, 19-40947, appeal from S.D. Tex.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

June 8-9, 2021 opinions

June 10, 2021

Designated for publication Midwestern Cattle Marketing, LLC v. Legend Bank, N.A., 20-10663, appeal from N.D. Tex. Barker, J., by desig. (Smith, Ho, Barker), decretal language, summary judgment Affirming the summary judgment entered by the district court on remand from prior appeal in matter. The Court rejected plaintiff’s argument that an unjust enrichment claim was still … More June 8-9, 2021 opinions

Take the Fifth: June 4, 2021 opinions

June 5, 2021

Unpublished Cortez-Ramirez v. Garland, 19-60553, petition for review of BIA order per curiam (Owen, Jolly, Dennis), immigration Denying El Salvadoran citizen’s petition for review of BIA order upholding denial of application for asylum, a petition for withholding of removal, and an application for protection under the United Nations Convention Against Torture. U.S. v. Echarte-Rivero, 20-10549, … More Take the Fifth: June 4, 2021 opinions

Take the Fifth: June 2-3, 2021 opinions

June 5, 2021

Designated for publication Butler v. Porter, 19-30029, appeal from W.D. La. Haynes, J. (Owen, Dennis, Haynes), Bivens claim Affirming in part, affirming the district court’s dismissal of Bivens claim for First Amendment retaliation claims and for due process claims, and affirming the district court’s denial of motions to file surreply briefs and to file amended … More Take the Fifth: June 2-3, 2021 opinions

Take the Fifth: May 25, 2021 opinions

May 26, 2021

Unpublished U.S. v. Vasquez, 18-50497, appeal from W.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. McCollum v. Valdez, 19-10729, appeal from N.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of prisoner’s § 1983 suit as frivolous. U.S. v. Cantu-Saldivar, 20-40187, appeal from S.D. Tex. … More Take the Fifth: May 25, 2021 opinions

Take the Fifth: May 13, 2021 opinions

May 14, 2021

Unpublished Mills v. Adams County, Mississippi, 19-60829, appeal from S.D. Miss. per curiam (Wiener, Southwick, Duncan), prisoner suit Dismissing appeal for lack of jurisdiction due to untimely filed notice of appeal. U.S. v. Fernandez, 20-10479, appeal from N.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. … More Take the Fifth: May 13, 2021 opinions

Take the Fifth: April 28, 2021 opinions

April 30, 2021

Designated for publication U.S. v. Onyeri, 18-50869, appeal from W.D. Tex. Clement, J. (Owen, Clement, Higginson), criminal, RICO, search and seizure Affirming RICO conviction for pattern of criminal activity culminating in attempted assassination attempt on state judge. The Court held that the district court did not err in denying a motion to suppress evidence from … More Take the Fifth: April 28, 2021 opinions