Unpublished U.S. v. Portillo-Garcia, 20-40722, appeal from S.D. Tex. per curiam (Southwick, Oldham, Wilson), criminal, sentencing Affirming 35-month sentence on conviction of being an alien who had previously been removed and was found in the United States. Smith v. Lumpkin, 20-50261, appeal from W.D. Tex. per curiam (Jolly, Willett, Engelhardt), prisoner suit Affirming dismissal of … More September 23, 2021 opinions
Unpublished P. v. Blue Cross and Blue Shield of Texas, 20-30361, appeal from W.D. La. per curiam (Ho, Oldham, Wilson), Oldham, J., concurring; insurance, ERISA Reversing district court’s grant of plaintiff’s summary judgment motion and denial of defendant’s cross-motion for summary judgment, regarding defendant insurer’s decision to only cover a portion of plaintiff’s daughter’s months-long … More September 22, 2021 opinions
Designated for publication Kokesh v. Curlee, 20-30356, appeal from E.D. La. Engelhardt, J. (Elrod, Willett, Engelhardt), Willett, J., dissenting; qualified immunity Reversing district court’s denial of qualified immunity-based summary judgment on claim of illegal seizure of plaintiff by defendant State Trooper. Plaintiff had been a passenger in a truck stopped on the shoulder on the … More September 21, 2021 opinions
Designated for publication Allen v. State of Louisiana, 20-30734, appeal from M.D. La. Duncan, J. (Davis, Duncan, Oldham), Oldham, J., concurring; Voting Rights Act Affirming Middle District of Louisiana’s denial of state’s motion to dismiss VRA claims challenging the composition of Louisiana’s state supreme court districts. The Court held that the question of VRA compliance … More September 17, 2021 opinions
Designated for publication U.S. v. Muhammad, 15-60300, appeal from S.D. Miss. Oldham, J. (Ho, Oldham, Wilson), criminal, harmless error Affirming defendant’s conviction of violations of the Controlled Substances Act and the Controlled Analogue Enforcement Act, which resulted in a 120-year sentence, on finding that error in jury instructions that omitted an element of the Analogue … More September 16, 2021 opinions
Designated for publication Texas v. U.S., 21-40618, appeal from S.D. Tex. Costa, J. (Southwick, Graves, Costa), immigration, Administrative Procedure Act Granting partial stay, pending appeal, of nationwide injunction entered by district court to enjoin the U.S. from relying on immigration enforcement priorities announced in DHS and ICE memos following President Biden’s inauguration. The DHS and … More September 15, 2021 opinions
Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. per curiam (Higginbotham, Smith, Dennis), qualified immunity Treating petition for en banc rehearing as a petition for panel rehearing, granting panel rehearing, vacating the qualified immunity judgment of the district court, and remanding for further proceedings. “In this suit under the Eighth Amendment against … More September 14, 2021 opinions
Designated for publication U.S. v. The M/Y Galactica Star, 20-20471, appeal from S.D. Tex. Davis, J. (Davis, Duncan, Oldham), civil forfeiture, Foreign Sovereign Immunities Act Affirming dismissal of claim to forfeited yacht by sole shareholder of corporate owner of yacht and other assets, for lack of standing; and dismissing appeal of judgment creditor of Nigeria … More September 13, 2021 opinions
Designated for publication Barilla v. City of Houston, 20-20535, appeal from S.D. Tex. Higginson, J. (Owen, Clement, Higginson), First Amendment, standing Reversing district court’s dismissal on grounds of lack of standing of First Amendment suit by plaintiff, an accordionist and would-be busker, challenging Houston ordinances that restrict busking. Plaintiff alleges “that but for the Busking … More September 10, 2021 opinions
Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions
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