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Unpublished U.S. v. Gutierrez-Pineda, 19-40947, appeal from S.D. Tex.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