Designated for publication Jones, J. (Jones, Stewart, Duncan), criminal, jury instructions, sentencing Affirming conviction of illegal reentry and 105-month sentence, finding no error in jury instruction or impropriety in enhancement of sentence for obstruction of justice. After the defendant had presented evidence that he had been acting under duress due to threats by the drug-smuggling … More September 14, 2023, opinions
Designated for publication Smith, J. (Smith, Southwick, Higginson), Higginson, J., concurring; habeas corpus Affirming denial of § 2255 petition seeking relief from guilty plea to possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine on IAC grounds. The Court held that the petitioner had not forfeited his argument about … More September 13, 2023, opinions
Designated for publication per curiam (Richman, Higginbotham, Southwick), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on IAC claims of petitioner convicted of capital murder and sentenced to death. per curiam (en banc court), criminal, sufficiency of evidence Ordering en banc rehearing of June 7, 2023, panel opinion that reversed and vacated … More August 30-31, 2023, opinions
Designated for publication per curiam (Richman, Jones, Stewart, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Douglas, JJ., voting against rehearing; Smith, Elrod, Ho, JJ., voting for rehearing); Ho, J., dissenting from denial of rehearing en banc (joined by Smith, J.); § 1983 Denying rehearing en banc of panel opinion that affirmed dismissal of § 1983 … More August 23, 2023, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), toxic tort, jurisdiction, timeliness Affirming denial of remand on the basis of improper joinder of nondiverse defendants; but reversing dismissal of wrongful death claim and vacating denial of leave to amend for fear of cancer claims, arising from defendants’ facility’s emissions of toxic levels of ehtylene oxide. … More August 22, 2023, opinions
Designated for publication Jones, J. (Higginbotham, Jones, Oldham), Oldham, J., dissenting; habeas corpus, prosecutorial misconduct, ineffective assistance of counsel Reversing in part and affirming in part denial of § 2255 petition; reversing district court’s application of procedural bar to claim of breach of plea agreement by Assistant U.S. Attorneys, but affirming disposition of IAC claim. … More August 17, 2023, opinions
Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions
Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions
Designated for publication Higginson, J. (Higginbotham, Southwick, Higginson), insurance Affirming in part and reversing in part summary judgment in favor of insurers on claim for defense and indemnification under CGL and umbrella policies for an underlying suit against the insured alleging contamination from the plaintiff’s auto salvage and vehicle wash properties. The Court held that … More July 28-31, 2023, opinions
Designated for publication per curiam (Haynes, Engelhardt, Saldaña, by designation), Engelhardt, J., concurring; criminal, sentencing Affirming upward departure from 15-21-month guidelines range to impose 72-month sentence for convictions of identity theft and possession of a firearm by a convicted felon. The Court held that the district court did not abuse its discretion, as the district … More July 26, 2023, opinions
