Designated for publication Elrod, J. (Elrod, Ho, Wilson), immigration Dismissing Mexican citizen’s petition for review of BIA order denying cancellation of removal on the basis of hardship to his family. The Court held that it did not have jurisdiction to review a hardship determination. Unpublished per curiam (Ho, Oldham, Douglas), habeas corpus Dismissing for lack … More May 2, 2023, opinions
Designated for publication Smith, J. (Smith, Clement, Wilson), criminal, supervised release, sentencing Vacating sentences for revocation of supervised release, and rendering judgment accordingly. Defendant had originally been sentenced to 20 years imprisonment and 5 years’ supervised release for a conviction of being a felon in possession of a firearm. The district court then vacated the … More April 28, 2023, opinions
Unpublished per curiam (Barksdale, Higginson, Ho), criminal, guilty plea Affirming denial of motion to withdraw guilty plea to using, carrying, brandishing, and discharging of a firearm during and in relation to a crime of violence resulting in death, which resulted in 480-month sentence. per curiam (Elrod, Ho, Wilson), trademark infringement Affirming summary judgment dismissal of … More April 26, 2023, opinions
Designated for publication Higginson, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting; labor law Denying employer’s petition to review NLRB’s order denying request to appeal NLRB Acting General Counsel’s withdrawal of unfair labor practice complaint against labor union, on basis that the Acting General Counsel’s decision was an unreviewable act of prosecutorial discretion. The Court held … More April 24-25, 2023, opinions
Designated for publication Clement, J. (Smith, Clement, Wilson), insurance Affirming summary judgment in favor of insurer on homeowners’ suit for coverage for mold-related losses. Unpublished per curiam (Jones, Haynes, Oldham), criminal, restitution Affirming denial of writ of coram nobis as a collateral attack on restitution order. per curiam (Stewart, Dennis, Willett), prisoner suit Affirming dismissal … More April 18, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Southwick, Higginson), bankruptcy Affirming district court’s affirmance of bankruptcy court’s order approving credit-bid sale of hotel property to debtor’s parent company and discharge of all liens, holding that the lender was a good faith purchaser. Elrod, J. (Wiener, Elrod, Engelhardt), criminal, guilty plea, restitution Affirming $75,000 restitution award as … More April 17, 2023, opinions
Designated for publication per curiam (Higginbotham, Smith, Engelhardt), criminal, sentencing, First Step Act Affirming resentencing on remand under the First Step Act, in which district court declined to retroactively apply the decrease in the 25-year mandatory minimum under the First Step Act to defendant’s sentence for discharging a firearm in relation to a crime of … More April 14, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), personal torts, Batson violation Affirming denial of new trial or remittitur motion brought by plaintiff in trucker-collision case where jury found in favor of plaintiff but only awarded $37,500. The Court held that the defense counsel’s closing argument comments that allegedly alluded to the plaintiff’s counsel’s marketing … More April 13, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), Higginbotham, J., concurring; immigration Affirming dismissal for lack of jurisdiction, holding that status-adjustment decisions made by the USCIS outside the context of removal proceedings are not final agency actions reviewable under the Administrative Procedure Act, nor are they final removal actions reviewable per the Immigration and Nationality … More April 4, 2023, opinions
