Tag: Medicare

August 26, 2026, opinions

August 27, 2026

Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), Duncan, J., dissenting; criminal, sentencing Vacating 46-month sentence on conviction of illegal reentry, and remanding for resentencing. Alexander Palencia-Berrum pled guilty to illegal reentry under 8 U.S.C. § 1326. His criminal history included three DWI convictions, an obstruction/minor-in-possession conviction, a domestic battery guilty plea, a … More August 26, 2026, opinions

July 1-17, 2024, opinions

July 19, 2024

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions

August 21, 2023, opinions

August 22, 2023

Designated for publication Higginson, J. (Wiener, Higginson, Wilson), qualified immunity Reversing denial of qualified immunity motion to dismiss, and rendering judgment in favor of wildlife officer defendants on § 1983 claims arising from arrests related to hunting activities and to alleged forgeries in transfers of a jet ski and a pickup truck. The Court held … More August 21, 2023, opinions

April 13, 2023, opinions

April 14, 2023

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

March 20, 2023, opinions

March 21, 2023

Designated for publication Elrod, J. (Wiener, Elrod, Engelhardt), criminal, sentencing Vacating sentence for conviction of being a felon in possession of a firearm, where sentence is based on enhancement applicable when a defendant’s firearm “has an altered or obliterated serial number” and there is no evidence that the rifle at issue ever had a serial … More March 20, 2023, opinions

February 1, 2022, opinions

February 2, 2022

Designated for publication U.S. v. Martinez, 21-30068, appeal from W.D. La. Davis, J. (Davis, Jones, Elrod), criminal, search and seizure Affirming denial of motion to suppress evidence seized from USPS packages; defendant had argued that reasonable suspicion did not exist to detain the packages, and that the 17-day delay between their detention and the search … More February 1, 2022, opinions

January 3, 2022, opinions

January 4, 2022

Designated for publication Parada-Orellana v. Garland, 19-60645, petition for review of BIA order Wilson, J. (Higginbotham, Stewart, Wilson), immigration Denying petition for panel rehearing; withdrawing August 6, 2021, panel opinion and substituting new panel opinion denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ’s motion to rescind in absentia order of … More January 3, 2022, opinions

December 9, 2021, opinions

December 10, 2021

Designated for publication Cleven v. Mid-America Apartment Communities, Inc., No. 18-50846, c/w Brown v. Mid-America Apartment Communities, Inc., No. 18-50851, appeal from W.D. Tex. Owen, C.J. (Owen, Smith, Dennis), Dennis, J., dissenting; class action, breach of contract On a Rule 23(f) appeal, reversing district court’s certification of classes in two actions against apartment company arising … More December 9, 2021, opinions

November 2, 2021, opinions

November 3, 2021

Designated for publication Kapordelis v. Myers, 19-30968, appeal from W.D. La. Wilson, J. (King, Higginson, Wilson), habeas corpus Affirming denial of § 2241 petition filed by federal inmate as to his disciplinary conviction and deprivation of 27 days of good-conduct time upon being found to have violated Bureau of Prisons Disciplinary Code 218 for destruction … More November 2, 2021, opinions