Designated for publication Wilson, J. (Elrod, Smith, Wilson) (oral argument), criminal, sentencing Affirming sentences on revocation of supervised release. James Baldemoro pleaded guilty to possession of child pornography under 18 U.S.C. § 2252A(b)(2) and was sentenced to the statutory maximum of ten years’ imprisonment followed by ten years’ supervised release. After completing his prison term, … More June 16, 2026, opinions
Designated for publication Higginson, J. (Haynes, Higginson, Ho) (oral argument withdrawn), § 1983, sovereign immunity, supplemental jurisdiction Affirming as dismissal of § 1983 claims against Texas DOT as subject to sovereign immunity; and affirming declination to exercise supplemental jurisdiction over state-law claims, though modified to be a dismissal without prejudice. John Gannon, Inc. owned billboards … More June 12, 2026, opinions
Designated for publication Duncan, J. (King, Duncan, Engelhardt) (oral argument before original panel decision), nondelegation doctrine, appointments clause, due process, standing On remand from the U.S. Supreme Court, for reconsideration of the panel’s original July 5, 2024, decision in light of FCC v. Consumers’ Research, reissuing the original panel decision, with a new section explaining how FCC does … More June 11, 2026, opinions
Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), Title VII, Age Discrimination in Employment Act, employment discrimination Affirming dismissal of employment discrimination claims. At issue on appeal was whether a pro se plaintiff’s Title VII and ADEA claims against True Coverage were properly dismissed for failure to exhaust administrative remedies (no EEOC charge … More June 10, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions
Designated for publication per curiam (en banc: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ., voting against rehearing; Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for rehearing) (oral argument at panel stage); election law, standing, sovereign immunity, en banc Denying rehearing en banc of December 31, 2025, panel opinion (Richman, … More June 1, 2026, opinions
Designated for publication per curiam (Haynes, Ho, Oldham) (no oral argument), Ho, J., concurring; Oldham, J., concurring; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon. Peter Villa Cordova pled guilty to possessing a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1). His prior felony convictions include … More May 20, 2026, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), immigration, Administrative Procedures Act, timeliness Affirming dismissal of claims arising from denial of issuance of passport to plaintiff on basis of failure to prove citizenship. Hector Cortez claims he was born in Laredo, Texas. About a decade ago, he used his U.S. passport to travel … More May 18, 2026, opinions
Designated for publication Graves, J. (Elrod, Higginbotham, Graves) (no oral argument), international law Affirming summary judgment dismissal of international law claims arising from death on international flight, to the extent the claims arise from theories of imperfect medical response, but reversing summary judgment to the extent claims arise from malfunctioning medical equipment. Fourteen-year-old Kevin Greenidge … More May 14, 2026, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Oldham) (no oral argument), Oldham, J., concurring; criminal, sentencing, supervised release Vacating mandatory supervised release requirement for financial-change notification, and remanding for correction of judgment. In October 2023, Jayden Douglas Richard Vacchino lured a sixteen-year-old girl from Floresville, Texas, to Shreveport, Louisiana, for sex after meeting her online. … More May 7, 2026, opinions
