Tag: habeas corpus

March 13-14, 2023, opinions

March 15, 2023

Designated for publication Willett, J. (Graves, Willett, Engelhardt), insurance, preemption, sovereign immunity, standing Affirming dismissal of former federal employee’s claim against health insurer and federal Office of Personnel Management arising from the denial of coverage for proton therapy for cancer; district court had dismissed claims against OPM under sovereign immunity, and against Blue Cross on … More March 13-14, 2023, opinions

March 7, 2023, opinions

March 8, 2023

Unpublished per curiam (Stewart, Willett, Douglas), habeas corpus Dismissing as frivolous appeal from denial of sec. 2241 petition. per curiam (Smith, Southwick, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Dennis, Willett), criminal, sufficiency of evidence, sentencing Affirming sentence and convictions for conspiracy to possess with intent to distribute 50 … More March 7, 2023, opinions

March 3-6, 2023, opinions

March 7, 2023

Designated for publication per curiam (Wiener, Elrod, Engelhardt), immigration Denying Mexican citizen’s petition for review of BIA order issuing a final order of removal after IJ’s decision that he was ineligible for asylum because of a conviction of Texas aggravated robbery. Petitioner had been a lawful permanent resident of the U.S. since 2003. In 2014 … More March 3-6, 2023, opinions

February 13, 2023, opinions

February 14, 2023

Designated for publication per curiam (Graves, Ho, Duncan), Duncan, J., concurring in judgment (joined by Ho, J.); criminal, supervised release After guilty plea to conviction of illegal reentry, with 27-month sentence, Court vacated supervised release condition that defendant self-deport if, after release from confinement, immigration officials decline to take custody of him and deport him. … More February 13, 2023, opinions

February 9, 2023, opinions

February 10, 2023

Unpublished per curiam (Smith, Clement, Wilson), criminal, search and seizure Affirming conviction of possession with intent to distribute 5F-AMB (synthetic marijuana), upholding district court’s denial of motion to suppress. per curiam (King, Higginson, Willett), criminal Affirming conviction for illegal reentry. per curiam (Higginbotham, Graves, Ho), immigration Dismissing as moot Honduran citizen’s petition for review of … More February 9, 2023, opinions

February 6, 2023, opinion

February 7, 2023

Designated for publication per curiam (Richman, King, Higginson), prisoner suit, Eighth Amendment, qualified immunity Reversing in part, affirming in part, and remanding from district court’s summary judgment dismissal of Texas state inmate’s pro se First and Eighth Amendment claims against officials at the Texas Department of Criminal Justice arising out of a housing transfer and … More February 6, 2023, opinion

February 3, 2023, opinions

February 6, 2023

Designated for publication Willett, J. (Stewart, Willett, Oldham), attorney discipline Granting petition for panel rehearing; withdrawing opinion from November 29, 2022, that had reversed in part, affirmed in part, and remanded from en banc district court’s order of a one-year ban from practice in front of the Eastern District of Louisiana for attorney in BP Deepwater Horizon … More February 3, 2023, opinions

February 1, 2023, opinions

February 2, 2023

Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions

January 20-23, 2023, opinions

January 24, 2023

Unpublished per curiam (Higginbotham, Graves, Ho), criminal, First Step Act Affirming denial of motion for sentence reduction under the First Step Act. per curiam (Higginbotham, Duncan, Engelhardt), class action Vacating certification of class in suit against Louisiana Department of Health and related officials regarding alleged violation of required services under Medicaid’s Early and Periodic Screening, … More January 20-23, 2023, opinions