Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, sufficiency of evidence, Batson challenge “Defendants Delwin McClaren, Dedrick Keelen, Jawan Fortia, Bryan Scott, and Lionel Allen were convicted of numerous crimes related to their participation in a New Orleans street gang. We AFFIRM their convictions in part … More Take the Fifth: May 18, 2021 opinions
Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions
Unpublished Coleman v. Groom, 19-11227, appeal from N.D. Tex. per curiam (Higginbotham, Smith, Oldham), § 1983 Dismissing as frivolous district court’s dismissal of claims arising from mercury spill in U.S. Post Office. Thompson v. Sharad, 19-20013, appeal from S.D. Tex. per curiam (Higginbotham, Jones, Costa), prisoner suit Affirming dismissal of suit filed by prisoner arising … More Take the Fifth: May 10, 2021 opinions
Designated for publication U.S. v. Gas Pipe, Inc., 19-11145, appeal from N.D. Tex. Higginson, J. (Haynes, Higginson, Oldham), criminal, sufficiency of evidence, fraud, sentencing Affirming conviction for conspiracy to defraud the United Stated for defrauding the FDA by mislabeling or selling synthetic cannabinoids marked as “not meant for human consumption” as “spice” for smoking; and … More Take the Fifth: May 6 and 7, 2021 opinions
Designated for publication White v. U.S. Corrections, LLC, 19-51074, appeal from W.D. Tex. Wilson, J. (Elrod, Duncan, Wilson), Fair Labor Standards Act Reversing district court’s 12(b)(6) dismissal of plaintiff’s overtime claim under the FLSA, holding that, while the Motor Carrier Act (“MCA”) exemption from the FLSA governed the plaintiff’s job transporting prisoners for the defendant, … More Take the Fifth: May 3, 2021 opinions
Designated for publication U.S. v. Onyeri, 18-50869, appeal from W.D. Tex. Clement, J. (Owen, Clement, Higginson), criminal, RICO, search and seizure Affirming RICO conviction for pattern of criminal activity culminating in attempted assassination attempt on state judge. The Court held that the district court did not err in denying a motion to suppress evidence from … More Take the Fifth: April 28, 2021 opinions
Unpublished Garcia v. Harlingen County, 19-40860, appeal from S.D. Tex. per curiam (Jolly, Elrod, Graves), prisoner suit Affirming dismissal of prisoner suit as frivolous. U.S. v. Clark, 20-10364, appeal from N.D. Tex. per curiam (Jones, Costa, Duncan), habeas corpus, firearms violation Reversing district court’s denial of successive § 2255 petition, and vacating conviction under 18 … More Take the Fifth: April 27, 2021 opinions
Designated for publication Thomas v. Lumpkin, 17-70002, appeal from E.D. Tex. Southwick, J. (Jones, Southwick, Higginson), Higginson, J., dissenting in part; habeas corpus, ineffective assistance of counsel Affirming denial of federal habeas petition for death-row inmate, in ineffective assistance of counsel (“IAC”) issues. The Court first held that it has jurisdiction, that the petitioner’s notice … More Take the Fifth: April 23, 2021 opinions
Designated for publication Thibodeaux v. Sanofi U.S. Services, Inc., 20-30104, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Costa), timeliness, contra non valentem Affirming district court’s summary judgment dismissal of products liability claims regarding permanent hair loss from chemotherapy drug Taxotere, on the basis that the claims were facially prescribed under Louisiana law and that … More Take the Fifth: April 21, 2021 opinions
Unpublished English v. Aramark Corp., 19-20412, appeal from S.D. Tex. per curiam (Haynes, Graves, Willett), prisoner suit, removal Remanding to district court for the limited purpose of determining if defendant met its burden to show removal jurisdiction existed over state prisoner’s suit against prison food service provider. U.S. v. Vasquez-Garcia, 19-20880, appeal from S.D. Tex. … More Take the Fifth: April 20, 2021 opinions
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