Tag: criminal

Take the Fifth: April 12, 2021 opinions

April 13, 2021

Designated for publication Hutcheson v. Dallas County, Texas, 20-10383, appeal from N.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), excessive force, qualified immunity Affirming summary judgment dismissal of plaintiffs’ excessive force and failure to train claims on qualified immunity grounds, in claims arising from officers’ restraint of victim at county jail as victim was actively resisting … More Take the Fifth: April 12, 2021 opinions

Take the Fifth: April 8-9, 2021 opinions

April 12, 2021

Designated for publication Texas v. Rettig, 18-10545, appeal from N.D. Tex. per curiam (Barksdale, Haynes, Willett), Ho, J., dissenting (joined by Jones, Smith, Elrod, Duncan, JJ.); nondelegation doctrine Denying petition for rehearing en banc (Chief Judge Owen and Judges Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Willett, Engelhardt, and Wilson voting against rehearing). Judge Ho … More Take the Fifth: April 8-9, 2021 opinions

Take the Fifth: April 6 and 7, 2021 opinions

April 12, 2021

Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions

Take the Fifth: April 5, 2021 opinions

April 7, 2021

Designated for publication U.S. v. Navarro-Jusino, 20-40401, appeal from E.D. Tex. Smith, J. (King, Smith, Haynes), criminal, sentencing Affirming 120-month sentence on one count of wire fraud, an 87-month upward variance from the guidelines. The Court held that the district court did not abuse its discretion in the sentencing because (1) the wire fraud of … More Take the Fifth: April 5, 2021 opinions

Take the Fifth: April 1-2, 2021 opinions

April 5, 2021

Designated for publication U.S. v. Knowlton, 19-41042, appeal from E.D. Tex. Elrod, J. (Elrod, Willett, Engelhardt), criminal Affirming conviction for receiving material containing child pornography. The Court held that the flash drives, external hard drives, and computer hard drives were “materials containing” child pornography and not merely child pornography itself, rejecting defendant’s argument that he … More Take the Fifth: April 1-2, 2021 opinions

Take the Fifth: March 29-31, 2021 opinions

April 3, 2021

Designated for publication U.S. v. Burney, 20-10529, appeal from N.D. Tex. Smith, J. (King, Smith, Haynes), criminal, sentencing Affirming 60-month sentence on guilty plea to wire fraud. The presentence report recommended a guideline range of 12-18 months, “[b]ased on the severity of the offense, Burney’s acceptance of responsibility, and his criminal history,” but the district … More Take the Fifth: March 29-31, 2021 opinions

Take the Fifth: March 26, 2021 opinions

April 1, 2021

Designated for publication Douglas v. Wells Fargo Bank, N.A., 18-11567, appeal from N.D. Tex. Owen, C.J. (Owen, Haynes, Costa), Haynes, J., dissenting in part; foreclosure, breach of contract Affirming dismissal of borrowers’ claims arising from foreclosure on home by mortgagor. The Court first held that the borrowers’ protestation that they never received the notice of … More Take the Fifth: March 26, 2021 opinions

Take the Fifth: March 24 & 25, 2021 opinions

March 29, 2021

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

Take the Fifth: March 22 and 23, 2021 opinions

March 24, 2021

Designated for publication U.S. v. Brune, 19-11360, appeal from N.D. Tex. Smith, J. (Jones, Smith, Elrod), criminal, double jeopardy Affirming conviction of defendant for possess with intent to distribute a mixture and substance containing more than 50 grams of methamphetamine. In the charging instrument, the government had misstated the statutory citation for the charged crime, … More Take the Fifth: March 22 and 23, 2021 opinions

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