Unpublished Mills v. Adams County, Mississippi, 19-60829, appeal from S.D. Miss.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
Designated for publication Nguyen v. Garland, 19-60342, petition for review of BIA order Graves, J. (Jones, Clement, Graves), immigration Denying Vietnamese citizen’s petition for review of BIA decision that affirmed the ruling of an immigration judge who had found that Mr. Nguyen was subject to removal from the United States because he had been convicted … More Take the Fifth: May 12, 2021 opinions
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
Unpublished Garcia v. Harlingen County, 19-40860, appeal from S.D. Tex. per curiam (Jolly, Elrod, Graves), prisoner suit Affirming dismissal of prisoner suit as frivolous. U.S. v. Clark, 20-10364, appeal from N.D. Tex. per curiam (Jones, Costa, Duncan), habeas corpus, firearms violation Reversing district court’s denial of successive § 2255 petition, and vacating conviction under 18 … More Take the Fifth: April 27, 2021 opinions
Designated for publication U.S. v. Williams, 20-40157, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), criminal, restitution Affirming restitution award of more than $2 million for defendant on guilty plea conviction of four counts of wire fraud involving purported sales of cattle in which defendant absconded with the money without producing the cattle. “The … More Take the Fifth: April 14, 2021 opinions
Designated for publication National Parks Conservation Association v. U.S. Environmental Protection Agency, 17-60828, petition for review of EPA Rules per curiam (Davis, Stewart, Dennis), administrative law, environmental law, venue Denying motion to reconsider denial of motion by power company intervenors to confirm venue of review action in the Fifth Circuit rather than transfer venue of … More Take the Fifth: March 24 & 25, 2021 opinions
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
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
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
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
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