Unpublished per curiam (Stewart, Willett, Oldham), prisoner suit Affirming severance of prisoner’s excessive force claims from sec. 1983 claims against prison nurse, and summary judgment dismissal of claims against nurse. per curiam (Wiener, Elrod, Engelhardt), habeas corpus Affirming in part, vacating in part, and remanding from dismissal of sec. 2241 petition. per curiam (Clement, Southwick, … More November 10, 2022, opinions
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Graves, J. (Wiener, Graves, Oldham), Wiener, J., dissenting; products liability Affirming dismissal of products-liability claims against firearms manufacturer for an allegedly faulty trigger mechanism. The Court held that … More November 2-9, 2022, opinions
Designated for publication per curiam (Southwick, Higginson, Willett), immigration Denying Salvadoran citizens’ petition for review of BIA order affirming IJ’s denial of application for asylum and withholding of removal. The Court held that the record did not compel a contrary finding to the IJ’s finding that no factual nexus exists between the familial relationship alleged … More October 25, 2022, opinions
Unpublished per curiam (Haynes, Engelhardt, Oldham), Rooker-Feldman doctrine Dismissing as frivolous appeal from dismissal of RICO claims under the Rooker-Feldman doctrine. per curiam (Smith, Dennis, Southwick), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jolly, Oldham, Wilson), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Haynes, … More October 24, 2022, opinions
Designated for publication Jolly, J. (Jolly, Willett, Oldham), Natural Gas Act Granting in part and denying in part BP’s petitions for review of FERC enforcement orders against BP that, in the wake of Hurricane Ike in 2008, BP exploited resulting chaos in the commodities markets to manipulate the natural gas market, which orders levied a … More October 20, 2022, opinions
Unpublished per curiam (Elrod, Graves, Ho), prisoner suit Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 claim. per curiam (Jolly, Jones, Ho), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Davis, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Higginson, Willett), immigration Denying Ecuadoran … More October 18, 2022, opinions
Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions
Unpublished per curiam (Jones, Southwick, Ho), criminal, Batson challenge, sufficiency of evidence Affirming three defendants’ convictions on conspiracy, drug, and firearm charges. per curiam (Jones, Southwick, Ho), immigration Denying Mexican citizen’s petition for review of BIA order denying motions to reconsider and reopen. per curiam (Smith, Dennis, Southwick), immigration Denying in part and dismissing in … More October 10, 2022, opinions
Designated for publication Jones, J. (Jones, Southwick (Costa had been on panel but resigned before opinion released, so opinion is issued by a quorum of the panel)); bankruptcy Affirming dismissal of avoidance and recovery claims related to payments under a prior settlement agreement, but reversing dismissal of avoidance and recovery claims related to two payments … More October 7, 2022, opinions
Designated for publication per curiam (Higginbotham, Graves, Ho), bankruptcy Affirming district court’s judgment accepting debtor’s decision under 11 U.S.C. § 365 to reject commercial lease (including sublease to appealing claimant) under the business judgment rule, and rejecting claimant’s argument that bad faith in a third party’s negotiations with the claimant tainted the decision to reject … More October 6, 2022, opinions
