January 7, 2022, opinions

Designated for publication U.S. v. Fuentes-Rodriguez, 15-40740, appeal from S.D. Tex. per curiam (King, Costa, Willett), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, vacating district court’s sentencing of defendant on conviction of illegal reentry under the ACCA, where the district court had found that the defendant’s prior conviction of … More January 7, 2022, opinions

January 5, 2022, opinions

Designated for publication Jones v. Lumpkin, 19-10079, appeal from N.D. Tex. Jones, J. (Jones, Higginson, Duncan), habeas corpus, timeliness Affirming district court’s dismissal of federal habeas application that had been filed after AEDPA’s one-year limitations period and that was not entitled to statutory tolling, on finding that petitioner was not entitled to equitable tolling. Petitioner’s … More January 5, 2022, opinions

November 22-29, 2021, opinions

Designated for publication Coleman v. BP Exploration & Production, Inc., 20-40811, appeal from S.D. Tex. Willett, J. (Higginbotham, Willett, Duncan), negligence, independent contractor Affirming summary judgment dismissal of claims against project management company (BP) and against day-to-day management company (Grand Isle Shipping), on claims of employee of scaffolding subcontractor arising from plaintiff’s back injury received … More November 22-29, 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

June 18 and 21, 2021 opinions

Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions

June 14, 2021 opinions

Unpublished U.S. v. Gutierrez-Pineda, 19-40947, appeal from S.D. Tex. per curiam (Davis, Elrod, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Hines, 20-10671, appeal from N.D. Tex. per curiam (Haynes, Graves, Willett), criminal, First Step Act Affirming denial of sentence reduction under the First Step Act. U.S. v. Cardenas, 20-10708, appeal … More June 14, 2021 opinions