Designated for publication U.S. v. Whitehead, 19-11275, appeal from N.D. Tex. Higginson, J. (Clement, Higginson, Engelhardt), criminal, First Step Act Affirming district court’s denial of resentencing of defendant under the First Step Act, who had been sentenced originally in 2007 to a mandatory life sentence for possession with intent to distribute more than 50 grams … More Take the Fifth: Jan. 21, 2021 opinions
Designated for publication U.S. v. Parkerson, 19-10780, appeal from N.D. Tex. Jolly, J. (Jolly, Southwick, Wilson), criminal, sentencing Affirming 120-month statutory maximum prison term for failure to register as a sex offender where sentencing guidelines range was 18-24 months. The presentencing report (“PSR”) referred to an excerpt from a police report of an incident where … More Take the Fifth: Jan. 12 and 13, 2021 opinions
Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions
Designated for publication Stelly v. Duriso, 19-20160, appeal from S.D. Tex. Haynes, J. (Jones, Haynes, Ho), Ho. J., concurring in part; intentional infliction of emotional distress, employment discrimination Vacating district court’s default judgment in favor of plaintiff on intentional infliction of emotional distress (“IIED”) claim against individual defendant in lawsuit against unions and maritime association … More Take the Fifth: Dec. 11 and 14, 2020 opinions
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 Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions
Designated for publication U.S. v. McKinney, 19-50801, appel from W.D. Tex. Southwick, J. (Owen, Davis, Southwick), criminal, search and seizure Vacating conviction and sentence based on conditional guilty plea to being a felon in possession of a firearm, holding that district court erred in denying motion to suppress evidence of discovery of firearm by an … More Take the Fifth: Nov. 16, 2020 opinions
Designated for publication U.S. v. Batiste, 19-30927, appeal from E.D. La. Engelhardt, J., (Graves, Costa, Engelhardt), criminal, sentencing, First Step Act Affirming in part sentence of imprisonment and denial of sentence-reduction under the First Step Act, but remanding in part the portion of the sentence regarding the term of supervised release for the district court … More Take the Fifth: Nov. 13, 2020 opinions
Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), intervention, election law Denying motion to intervene on appeal, by plaintiff in similar but separate case. This motion arises from two lawsuits challenging Texas’s signature-verification scheme for absentee ballots. Noting that, “[p]erhaps because there is no rule explicitly allowing … More Take the Fifth: Nov. 12, 2020 opinions
Designated for publication U.S. v. Cooper, 19-50119, appeal from W.D. Tex. Elrod, J. (Elrod, Duncan, Wilson), criminal, guilty plea Affirming conviction on use or possession of a firearm in furtherance of a drug trafficking offense, where defendant had pled guilty, finding sufficient factual bases to support plea; but remanding to correct that plea was to … More Take the Fifth: Nov. 9 and 10, 2020 opinions
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