November 15, 2021, opinions

Designated for publication BVS Construction, Inc. v. Prosperity Bank, 21-50274, appeal from W.D. Tex. Clement, J. (Clement, Southwick, Willett), bankruptcy, res judicata Affirming district court’s and bankruptcy court’s overruling of debtor’s claim objection to secured creditor’s proof of claim, on basis that “res judicata, judicial estoppel, and judicial admission barred [debtor’s] claim objection on the … More November 15, 2021, opinions

November 3, 2021, opinions

Designated for publication Stevens v. St. Tammany Parish Government, 20-30644, appeal from E.D. La. Higginson, J. (King, Higginson, Wilson), environmental law, res judicata Affirming dismissal of state-law claims arising from sewage and stormwater drainage across plaintiffs’ properties on res judicata grounds, and affirming dismissal of Clean Water Act claims for failure to state a claim. … More November 3, 2021, opinions

November 2, 2021, opinions

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

October 27-29, 2021, opinions

Designated for publication U.S. v. Sincleair, 20-10495, appeal from N.D. Tex. Davis, J. (Davis, Haynes, Oldham), Oldham, J., dissenting; criminal, sentencing Vacating sentence reached upon application of two-point enhancement for possession of dangerous weapon, and remanding for resentencing. The Court held, “[I]t is not clear whether the district court determined that Sincleair personally possessed the … More October 27-29, 2021, opinions

October 20, 2021, opinions

Designated for publication U.S. v. Martinez, 20-50984, appeal from W.D. Tex. Costa, J. (King, Costa, Ho), criminal, sentencing, supervised release Granting Anders motion to appointed defense counsel to withdraw as no non-frivolous grounds for appeal exist, but specifically addressing why there is not a non-frivolous argument that the orally pronounced terms of supervised release did … More October 20, 2021, opinions

October 13-14, 2021 opinions

Designated for publication Hawkins v. U.S. Department of Housing and Urban Development, 20-20281, appeal from S.D. Tex. Wiener, J. (Wiener, Dennis, Duncan), Duncan, J., dissenting; Administrative Procedure Act, Fair Housing Act Reversing district court’s dismissal of plaintiffs’ APA and FHA claims against HUD, holding that HUD is bound by its prior self-imposed obligation to provide … More October 13-14, 2021 opinions

September 24, 2021 opinions

Designated for publication Abushagif v. Garland, 19-60807, petition for review of BIA order Smith, J. (Smith, Higginson, Engelhardt), immigration Granting in part, denying in part, and remanding to the BIA to assess the Libyan citizen’s petition for assessment of his claim for protection under the Convention Against Torture (denying petition for review of denial of … More September 24, 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