Tag: compassionate release

Take the Fifth: March 19, 2021 opinions

March 22, 2021

Designated for publication U.S. v. Kieffer, 19-30225, appeal from E.D. La. Haynes, J. (Haynes, Higginson, Oldham), Oldham, J., concurring; criminal, sufficiency of evidence, juror questioning, crime of violence Affirming convictions of father-and-son co-defendants on charges arising from armed robberies of armored trucks, including convictions for conspiracy to commit bank robbery, armed bank robbery, brandishing a … More Take the Fifth: March 19, 2021 opinions

Take the Fifth: Feb. 17, 2021 opinions

February 18, 2021

Designated for publication Echeverry v. Jazz Casino Co., 20-30038, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Wilson), negligence, damages, sufficiency of evidence On petition for rehearing, withdrawing January 11 panel opinion and replacing with new opinion with same outcome: Affirming district court’s denial of defendant’s motion for judgment as a matter of law and … More Take the Fifth: Feb. 17, 2021 opinions

Take the Fifth: Feb. 11 and 12, 2021 opinion

February 15, 2021

Designated for publication DM Arbor Court, Ltd. v. City of Houston, 20-20194, appeal from S.D. Tex. Costa, J. (Davis, Southwick, Costa), ripeness Vacating district court’s dismissal of suit on ripeness grounds, and remanding for further proceedings. Plaintiff had brought suit challenging the refusal by the City to grant permits for repairs to apartments that had … More Take the Fifth: Feb. 11 and 12, 2021 opinion

Take the Fifth: Feb. 10 and 11, 2021 opinions

February 12, 2021

Designated for publication Adams v. All Coast, LLC, 19-30907, appeal from W.D. La. Clement, J. (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Reversing summary judgment in favor of employer on employees’ FLSA overtime claims, on holding that district court erred in classifying the employees, who operated cranes on employer’s liftboats, a seamen who … More Take the Fifth: Feb. 10 and 11, 2021 opinions

Take the Fifth: Feb. 8, 2021 opinions

February 10, 2021

Designated for publication U.S. v. Medel-Guadalupe, 19-40901, appeal from S.D. Tex. per curiam (Jones, Haynes, Ho), criminal, sentencing, supervised release Withdrawing opinion issued on Oct. 27, 2020, and entering new opinion, affirming sentence of 120 months’ imprisonment and three years’ supervised release for guilty plea to one count of harboring illegal aliens, and consecutive sentence … More Take the Fifth: Feb. 8, 2021 opinions

Take the Fifth: Feb. 3, 2021 opinions

February 4, 2021

Designated for publication Official Stanford Investors Committee v. Trustmark National Bank, 19-11131, appeal from N.D. Tex. Southwick, J. (Owen, Davis, Southwick), intervention Affirming the denial of intervention of right by group of Stanford investors into suit brought by original plaintiff group of Stanford investors against defendant who provided banking services to R. Allen Stanford for … More Take the Fifth: Feb. 3, 2021 opinions

Take the Fifth: Jan. 22, 2021 opinions

January 24, 2021

Designated foro publication U.S. v. Warren, 19-10805, appeal from N.D. Tex. Willett, J. (Wiener, Costa, Willett), criminal, fraud, sufficiency of evidence, sentencing Affirming conviction and sentence of 114 months and 102 months for two defendants on eight counts arising from fraudulent telemarketing scam to ostensibly cancel timeshares. The Court held that there was sufficient evidence … More Take the Fifth: Jan. 22, 2021 opinions

Take the Fifth: Jan. 15, 2021 opinions

January 19, 2021

Unpublished U.S. v. Lott, 19-20726, appeal from S.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming conviction and 60-month sentence for bank fraud. Hoffman v. Furr, 19-40913, appeal from S.D. Tex. per curiam (Barksdale, Graves, Oldham), prisoner suit Affirming dismissal of prisoner suit arising from administration of insulin to plaintiff, and issuing strike for … More Take the Fifth: Jan. 15, 2021 opinions

Take the Fifth: Jan. 1 – 11, 2021 opinions

January 12, 2021

Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions

Take the Fifth: Dec. 26-31, 2020 opinions

January 9, 2021

Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions