Tag: jurisdiction

Take the Fifth: Oct. 27, 2020 opinions

October 28, 2020

Designated for publication U.S. v. Ramirez, 19-20098, appeal from S.D. Tex. Oldham, J. (Smith, Clement, Oldham), criminal, sentencing Affirming the district court’s sentencing of defendant to 300 months’ imprisonment for health care fraud. Court held that there was no error in district court’s reliance on presentencing report to impose a 26-point adjustment to defendant’s sentencing … More Take the Fifth: Oct. 27, 2020 opinions

Take the Fifth: Oct. 23, 2020 opinions

October 26, 2020

Designated for publication In the Matter of: Ward, 18-10469, appeal from N.D. Tex. Owen, C.J. (Owen, Clement, Ho), bankruptcy, timeliness Affirming district court’s judgment that the bankruptcy court did not err in finding creditors’ complaint seeking denial of debtor’s discharge was timely and in entering an order denying discharge under 11 U.S.C. § 727(a)(4)(A) and … More Take the Fifth: Oct. 23, 2020 opinions

Take the Fifth: Oct. 21, 2020 opinions

October 22, 2020

Only unpublished decisions to report from yesterday’s releases (with one “revised” published opinion released for U.S. v. Becerra, originally released on October 6). Cannon v. Southern University Board of Supervisors, 19-30803, appeal from M.D. La. per curiam (Haynes, Willett, Ho), due process Affirming district court’s summary judgment dismissing law student’s due process claim against defendant’s … More Take the Fifth: Oct. 21, 2020 opinions

Take the Fifth: Oct. 20, 2020 opinions

October 21, 2020

Designated for publication U.S. v. Sila, 17-11212, appeal from N.D. Tex. Elrod, J. (Higginbotham, Elrod, Haynes), criminal, sentencing, sufficiency of evidence Affirming two counts of indictment regarding theft of government funds and aggravated identity theft, vacating one count of indictment regarding theft of government funds for insufficiency of evidence, and remanding for resentencing. Defendant had … More Take the Fifth: Oct. 20, 2020 opinions

Take the Fifth: Oct. 19, 2020 opinions

October 20, 2020

Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), Higginbotham, J., concurring; election law, sovereign immunity Staying, pending appeal, the district court’s injunction of Texas’s procedures regarding mail-in ballot signature verification and voter-notification procedures. Texas’s absentee mail-in balloting procedures–a system that, as confirmed by 5th Circuit’s October 14th … More Take the Fifth: Oct. 19, 2020 opinions

Take the Fifth: Oct. 15, 2020 opinions

October 16, 2020

Designated for Publication Taylor v. McDonald, 18-11572, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), prisoner suit, § 1983, qualified immunity Affirming qualified-immunity-based dismissal of prisoner’s § 1983 suit for deprivation of due process by keeping him confined to a psychiatric unit without an involuntary commitment proceeding. Prisoner had initially consented to transfer to … More Take the Fifth: Oct. 15, 2020 opinions

Take the Fifth: Oct. 2, 2020 opinions

October 2, 2020

Basic Capital Management, Inc. v. Dynex Capital, Inc., et al., 19-11272, appeal from N.D. Tex., designated for publication King, J. (King, Stewart, Southwick), commercial, fraudulent transfer, alter ego, limitations, res judicata Affirming 12(b)(6) dismissal on time-bar and res judicata grounds of plaintiffs’ complaint asserting claims fraudulent transfer and alter ego. Plaintiffs had gained a $55 … More Take the Fifth: Oct. 2, 2020 opinions