September 7-9, 2021 opinions

Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions

August 27, 2021 opinions

Designated for publication U.S. v. Martinez, 20-11016, appeal from N.D. Tex. Costa, J. (Elrod, Southwick, Costa), criminal, sentencing Vacating sentence on conviction for drug conspiracy, and remanding for resentencing under new calculation of amount of money involved. Defendant owned a tobacco shop, and various drugs and drug paraphernalia were found in the back of his … More August 27, 2021 opinions

August 24, 2021 opinions

Designated for publication U.S. v. Sims, 19-20833, appeal from S.D. Tex. Davis, J. (Davis, Haynes, Oldham), criminal, sentencing, sufficiency of evidence Affirming conviction of defendant on sex trafficking a minor and conspiracy to sex traffic a minor, and imposition of life sentence; holding that there was sufficient evidence to support conviction, that district court did … More August 24, 2021 opinions

August 19, 2021 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions

August 12, 2021 opinions

Designated for publication Schweizer v. Canon, Inc., 20-20071, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), False Claims Act, qui tam Affirming summary judgment dismissal of plaintiff’s qui tam action under the False Claims Act alleging that Canon overcharged the U.S. for office equipment and provided non-compliant office products, holding that the claims were … More August 12, 2021 opinions

August 10. 2021 opinions

Designated for publication U.S. v. Butler, 19-40095, appeal from E.D. Tex. Smith, J. (Owen, Smith, Graves), criminal, sentencing Affirming imposition of special conditions of release and temporary denial of federal benefits as part of sentence on guilty plea to conspiracy to possess methamphetamine. Defendant entered into a guilty plea agreement that indicated a sentence of … More August 10. 2021 opinions

July 22, 2021 opinions

Unpublished Bowling v. Willis, 19-40914, appeal from E.D. Tex. per curiam (Jones, Barksdale, Stewart), vexatious litigant Dismissing appeal in part, and affirming in part, district court’s declaration of plaintiff as a vexatious litigant and issuance of a pre-filing injunction requiring court approval prior to any filings. U.S. v. Herrera, 20-10720, appeal from N.D. Tex. per … More July 22, 2021 opinions

July 12, 2021 opinions

Designated for publication Singh v. Garland, 19-60937, petition for review of BIA order Higginbotham, J. (Higginbotham, Southwick, Willett), immigration Granting stay pending review of petition for review of BIA order dismissing Indian citizen’s appeal of IJ decision denying his application for asylum and protection under the Convention Against Torture and finding petitioner not credible. Petitioner’s … More July 12, 2021 opinions

June 10, 2021 opinions

Designated for publication Bulkley & Associates, LLC v. Department of Industrial Relations, 20-40020, appeal from E.D. Tex. Willett, J. (Dennis, Higginson, Willett), personal jurisdiction Affirming dismissal of company’s lawsuit against California agency, challenging California agency’s authority to enforce California regulations in Texas, on ground of lack of personal jurisdiction over California agency. California’s Department of … More June 10, 2021 opinions

Take the Fifth: June 1, 2021 opinions

Designated for publication Davis v. Sumlin, 20-30010, appeal from W.D. La. Oldham, J. (Higginbotham, Smith, Oldham), habeas corpus, jurisdiction Vacating district court’s denial of petitioner’s successive habeas petition on the merits, for lack of jurisdiction due to the failure to get authorization from three-judge panel before filing successive petition; and denying COA on merits of … More Take the Fifth: June 1, 2021 opinions