Designated for publication per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Denying motion to vacate sentence on conviction for illegal reentry. Luis Sanchez-Zurita was sentenced to 240 months for illegal reentry, with an upward variance based on his serious criminal history, including child molestation, failure to register as a sex offender, DUI with a child, and … More May 2, 2025, opinions
Opinions designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), criminal, sentence reduction Affirming denial of motion for sentence reduction. Higginson, J. (Smith, Higginson, Douglas), criminal, sentencing, sufficiency of evidence Affirming convictions and sentences for conspiracy to import and importation of methamphetamine. Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentencing Affirming sentence on conviction of … More April 29, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), criminal, search and seizure Reversing grant of motion to suppress evidence from a house and vehicle, holding that the good-faith exception applied to overcome the bare-bones nature of the affidavit in support of the search warrant, and remanding for further proceedings. Southwick, J. (Southwick, Haynes, Douglas), Equal … More March 3-4, 2025, opinions
Unpublished per curiam (King, Southwick, Engelhardt), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Higginbotham, Jones, Oldham), personal tort Affirming dismissal of IIED claims. per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Dennis, Ho, Oldham), civil rights Affirming denial of motion to … More February 21, 2025, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for rehearing en banc: Ho, J.–yes, a 16-1 vote againt rehearing en banc); Duncan, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Oldham, Engelhardt, … More January 31, 2025, opinions
Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions
Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions
Designated for publication Engelhardt, J. (Smith, Engelhardt, Ramirez), criminal, restitution Affirming $21 million restitution award imposed jointly and severally on defendant with defendant in another section of the district court in a separate criminal proceeding, on guilty plea conviction of misprison of a felony (wire fraud). Stewart, J. (Smith, Stewart, Duncan), criminal, sentencing Vacating special … More December 6, 2024, opinions
Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for cancelation of removal and voluntary departure; rejecting arguments “that (1) the agency erred in determining he was ineligible for cancellation because he had not made the required exceptional-hardship and … More October 31, 2024, opinions
Designated for publication Elrod, C.J. (Elrod, Wiener, Wilson), labor law Reversing dismissal of union’s complaint against airline under the Railway Labor Act as subject to arbitration, holding that the union sufficiently pled the anti-union animus exception to RLA arbitration, and remanding for further proceedings. Engelhardt, J. (Jones, Willett, Engelhardt), First Amendment, timeliness Affirming dismissal of … More October 28, 2024, opinions
