Tag: First Step Act

December 10-14, 2021, opinions

December 15, 2021

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

November 2, 2021, opinions

November 3, 2021

Designated for publication Kapordelis v. Myers, 19-30968, appeal from W.D. La. Wilson, J. (King, Higginson, Wilson), habeas corpus Affirming denial of § 2241 petition filed by federal inmate as to his disciplinary conviction and deprivation of 27 days of good-conduct time upon being found to have violated Bureau of Prisons Disciplinary Code 218 for destruction … More November 2, 2021, opinions

October 8, 2021 opinions

October 11, 2021

Unpublished Planned Parenthood Southeast, Inc. v. Snyder, 16-60773, appeal from S.D. Miss. per curiam (Owen, Dennis, Willett), abortion law Granting joint motion to dismiss appeal as moot, and remanding to district court to dismiss plaintiffs’ complaint for lack of jurisdiction. Blessit v. Texas Office of the Attorney General Galveston County Child Support Enforcement Division, 20-40135, … More October 8, 2021 opinions

September 7-9, 2021 opinions

September 13, 2021

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

September 1-6, 2021 opinions

September 8, 2021

Designated for publication Rutila v. U.S. DOTD, 20-10730, appeal from N.D. Tex. Smith, J. (Owen, Smith, Graves), Freedom of Information Act Reversing district court’s jurisdictional dismissal of pro se FOIA suit against the FAA and DOTD, and remanding for further proceedings. “The district court reasoned that, because Rutila ‘broadly challenged Defendants’ adequacy of search without … More September 1-6, 2021 opinions

August 27, 2021 opinions

August 31, 2021

Designated for publication U.S. v. Martinez, 20-11016, appeal from N.D. Tex. Costa, J. (Elrod, Southwick, Costa), criminal, sentencing Vacating sentence on conviction for drug conspiracy, and remanding for resentencing under new calculation of amount of money involved. Defendant owned a tobacco shop, and various drugs and drug paraphernalia were found in the back of his … More August 27, 2021 opinions

August 26, 2021 opinions

August 27, 2021

Designated for publication Ward v. U.S., 20-10836, appeal from N.D. Tex. Southwick, J. (Jones, Southwick, Engelhardt), criminal, compassionate release Affirming district court’s denial of motion for compassionate release. The Court held that the district court may use the sentencing factors set forth in 18 U.S.C. § 3553(a) to reject compassionate release when the Government fails … More August 26, 2021 opinions

August 24, 2021 opinions

August 25, 2021

Designated for publication U.S. v. Sims, 19-20833, appeal from S.D. Tex. Davis, J. (Davis, Haynes, Oldham), criminal, sentencing, sufficiency of evidence Affirming conviction of defendant on sex trafficking a minor and conspiracy to sex traffic a minor, and imposition of life sentence; holding that there was sufficient evidence to support conviction, that district court did … More August 24, 2021 opinions

August 16-17, 2021 opinions

August 18, 2021

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 13, 2021 opinions

August 16, 2021

Designated for publication Hernandez v. Garland, 19-60274, petition for review of BIA order Jones, J. (Jones, Costa, Duncan), Costa, J., dissenting; immigration Denying Salvadoran citizen’s petition for review of BIA order denying motion to reconsider prior order of removal or alternatively to reopen proceedings. BIA deemed the motion as a motion to reconsider, concluded that … More August 13, 2021 opinions