August 23, 2021 opinions

Designated for publication U.S. v. Moparty, 19-20797, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Costa), criminal, sentencing, sufficiency of evidence, harmless error Affirming convictions and sentences of co-defendants for health care fraud, conspiracy to commit health care fraud, and money laundering. One co-defendant (Moparty) was sentenced to 108 months’ imprisonment; the other (Narang) was … More August 23, 2021 opinions

August 19, 2021 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions

August 16-17, 2021 opinions

Designated for publication Lindsey v. Bio-Medical Applications of Louisiana, L.L.C., 20-30289, appeal from W.D. La. Ho, J. (Ho, Oldham, Wilson), Family and Medical Leave Act Affirming in part and reversing in part summary judgment dismissal of employee’s claims against former employer, reversing dismissal of FMLA retaliation claim and affirming dismissal of other claims for FMLA … More August 16-17, 2021 opinions

August 10. 2021 opinions

Designated for publication U.S. v. Butler, 19-40095, appeal from E.D. Tex. Smith, J. (Owen, Smith, Graves), criminal, sentencing Affirming imposition of special conditions of release and temporary denial of federal benefits as part of sentence on guilty plea to conspiracy to possess methamphetamine. Defendant entered into a guilty plea agreement that indicated a sentence of … More August 10. 2021 opinions

July 14, 2021 opinions

Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Vacating certificate of appealability and dismissing appeal. “A judge on our court granted Adrian Castro a certificate of appealability. It’s undisputed that the COA is invalid under 28 U.S.C. § 2253(c)(2)–(3) because it fails to specify a … More July 14, 2021 opinions

Take the Fifth: May 6 and 7, 2021 opinions

Designated for publication U.S. v. Gas Pipe, Inc., 19-11145, appeal from N.D. Tex. Higginson, J. (Haynes, Higginson, Oldham), criminal, sufficiency of evidence, fraud, sentencing Affirming conviction for conspiracy to defraud the United Stated for defrauding the FDA by mislabeling or selling synthetic cannabinoids marked as “not meant for human consumption” as “spice” for smoking; and … More Take the Fifth: May 6 and 7, 2021 opinions

Take the Fifth: April 16, 2021 opinions

Unpublished U.S. v. Medina, 18-10266, appeal from N.D. Tex. per curiam (Higginbotham, Jones, Costa), criminal, sentencing Affirming 360-month sentence and supervised release on guilty plea conviction to conspiracy to possess with intent to distribute a controlled substance. Leal v. Magic Touch Up, Inc., 19-10467, appeal from N.D. Tex. Owen, C.J. (Owen, Southwick, Oldham), Fair Labor … More Take the Fifth: April 16, 2021 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 19, 2020 opinions

Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), Higginbotham, J., concurring; election law, sovereign immunity Staying, pending appeal, the district court’s injunction of Texas’s procedures regarding mail-in ballot signature verification and voter-notification procedures. Texas’s absentee mail-in balloting procedures–a system that, as confirmed by 5th Circuit’s October 14th … More Take the Fifth: Oct. 19, 2020 opinions