October 6, 2021 opinions

Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions

September 29, 2021 opinions

Designated for publication Johnson v. BOKF National Association, 18-11375, appeal from N.D. Tex. Dennis, J. (Higginbotham, Dennis, Ho), Ho, J., concurring in judgment only; banking law Affirming district court’s dismissal of putative class action against bank alleging that extended overdraft charges were usurious interest under the National Bank Act, for failure to state a claim. … More September 29, 2021 opinions

September 13, 2021 opinions

Designated for publication U.S. v. The M/Y Galactica Star, 20-20471, appeal from S.D. Tex. Davis, J. (Davis, Duncan, Oldham), civil forfeiture, Foreign Sovereign Immunities Act Affirming dismissal of claim to forfeited yacht by sole shareholder of corporate owner of yacht and other assets, for lack of standing; and dismissing appeal of judgment creditor of Nigeria … More September 13, 2021 opinions

September 7-9, 2021 opinions

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

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 31, 2021 opinions

Designated for publication HTC Corp. v. Telefonaktiebolaget LM Ericsson, 19-40566 c/w 19-40643, appeal from E.D. Tex. Elrod, J. (Jones, Elrod, Higginson), Higginson, J., concurring; breach of contract [Take the Fifth is dealing with Hurricane Ida response issues right now, so will lean heavily on the judges’ introductory paragraphs to get you the gist of these … More August 31, 2021 opinions

July 22, 2021 opinions

Unpublished Bowling v. Willis, 19-40914, appeal from E.D. Tex. per curiam (Jones, Barksdale, Stewart), vexatious litigant Dismissing appeal in part, and affirming in part, district court’s declaration of plaintiff as a vexatious litigant and issuance of a pre-filing injunction requiring court approval prior to any filings. U.S. v. Herrera, 20-10720, appeal from N.D. Tex. per … More July 22, 2021 opinions

July 20, 2021 opinions

Unpublished U.S. v. Clark, 20-10094, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), criminal, First Step Act Vacating district court’s denial of a motion for sentence reduction under the First Step Act, and remanding for further proceedings in light of United States v. Shkambi, 993 F.3d 388, 393 (5th Cir. 2021). U.S. v. Castillo, … More July 20, 2021 opinions

July 12, 2021 opinions

Designated for publication Singh v. Garland, 19-60937, petition for review of BIA order Higginbotham, J. (Higginbotham, Southwick, Willett), immigration Granting stay pending review of petition for review of BIA order dismissing Indian citizen’s appeal of IJ decision denying his application for asylum and protection under the Convention Against Torture and finding petitioner not credible. Petitioner’s … More July 12, 2021 opinions

July 1, 2021 opinions

Designated for publication Adeeko v. Garland, 19-60703, petition for review of BIA order Wilson, J. (Clement, Haynes, Wilson), Haynes, J., concurring; immigration Denying petition for review of BIA order affirming IJ’s order of removal of Nigerian citizen after the Department of Homeland Security charged him as being removable upon his conviction of online solicitation of … More July 1, 2021 opinions