Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions
Designated for publication U.S. v. Cano, 19-11297, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, sentencing, supervised release Affirming sentence of consecutive 24-month imprisonment terms for violating terms of supervised release. Defendant had left the jurisdiction during his supervised release without informing his probation officer, to return to Mexico and assist his ex-wife … More Take the Fifth: Dec. 2, 2020 opinions
Designated for publication McRaney v. The North American Mission Board of the Southern Baptist Convention, Inc., 19-60293, appeal from N.D. Miss. Denying en banc rehearing (Higginson, J., entering order for the panel, joined by Owen, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Engelhardt, JJ.); Ho, J., dissenting from denial of rehearing, joined by Jones, Smith, … More Take the Fifth: Nov. 30, 2020 opinions
Designated for publication Mi Familia Vota v. Abbott, 20-50907, appeal from W.D. Tex. per curiam (Owen, Davis, Southwick), election law, Covid-19, mask mandate On October 27, 2020, on a remand from the Fifth Circuit, the district court issued a preliminary injunction of one provision of Governor Abbott’s declaration regarding COVID-19-related election procedures in Texas–specifically, a … More Take the Fifth: Oct. 28, 2020 opinions
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