January 26, 2022, opinions

Unpublished U.S. v. Viator, 20-11235, appeal from N.D. Tex. per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release Afirming district court’s denial of motion for compassionate release. Small v. Zarvona Energy, L.L.C., 20-20316, appeal from S.D. Tex. per curiam (Smith, Stewart, Graves), prisoner suit Affirming dismissal of former prisoner’s § 1983 suit for lack of subject … More January 26, 2022, opinions

January 11-14, 2022, opinions

Designated for publication Williams v. Boeing Co., 18-31158, appeal from E.D. La. Southwick, J. (Southwick, Graves, Engelhardt), personal tort, multi-district litigation Reversing in part final judgment entered in mesothelioma case by district court in Louisiana after summary judgment by MDL court in Pennsylvania, and remanded for further proceedings. The Court held that the MDL district … More January 11-14, 2022, opinions

December 15, 2021, opinions

Designated for publication Timpa v. Dillard, 20-10876, appeal from N.D. Tex. Clement, J. (Clement, Southwick, Willett), qualified immunity Reversing summary judgment on qualified immunity as to plaintiffs’ claims of excessive force, and affirming in part and reversing in part the qualified immunity summary judgment on claims of bystander liability, arising from Dallas Police Department’s killing … More December 15, 2021, opinions

November 1, 2021, opinions

Designated for publication U.S. v. Davis, 20-30593, appeal from E.D. La. King, J. (King, Smith, Haynes), criminal Affirming denial of defendant’s motion for certificate of innocence, which she filed after the Court’s reversal of her convictions for conspiracy to commit health care fraud and health care fraud and after she had been incarcerated for approximately … More November 1, 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 21-25, 2021, opinions

Designated for publication Ghedi v. Mayorkas, 20-10995, appeal from N.D. Tex. Willett, J. (Stewart, Costa, Willett), Fourth Amendment, Administrative Procedures Act Affirming dismissal of plaintiff’s Fourth Amendment and APA claims against various federal officials in their official capacities arising from being subjected to air travel restrictions and inconveniences. While the Court disagreed with the district … More October 21-25, 2021, opinions

September 21, 2021 opinions

Designated for publication Kokesh v. Curlee, 20-30356, appeal from E.D. La. Engelhardt, J. (Elrod, Willett, Engelhardt), Willett, J., dissenting; qualified immunity Reversing district court’s denial of qualified immunity-based summary judgment on claim of illegal seizure of plaintiff by defendant State Trooper. Plaintiff had been a passenger in a truck stopped on the shoulder on the … More September 21, 2021 opinions

September 14, 2021 opinions

Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. per curiam (Higginbotham, Smith, Dennis), qualified immunity Treating petition for en banc rehearing as a petition for panel rehearing, granting panel rehearing, vacating the qualified immunity judgment of the district court, and remanding for further proceedings. “In this suit under the Eighth Amendment against … More September 14, 2021 opinions

September 7-9, 2021 opinions

Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions

August 26, 2021 opinions

Designated for publication Ward v. U.S., 20-10836, appeal from N.D. Tex. Southwick, J. (Jones, Southwick, Engelhardt), criminal, compassionate release Affirming district court’s denial of motion for compassionate release. The Court held that the district court may use the sentencing factors set forth in 18 U.S.C. § 3553(a) to reject compassionate release when the Government fails … More August 26, 2021 opinions