Tag: recusal

February 19-21, 2024, opinions

February 22, 2024

Designated for publication Jones, J. (Jones, Haynes, Douglas), criminal, sentencing, restitution Affirming convictions for healthcare fraud and receiving Medicare kickbacks, upholding the admission of recordings of the co-conspirators, the calculation of the amount of improper benefit for sentencing purposes, and the calculation of the restitution award. per curiam (voting against en banc rehearing: Stewart, Elrod, … More February 19-21, 2024, opinions

January 9, 2024, opinions

January 10, 2024

Unpublished per curiam (Richman, Stewart, Scholer, by designation), Title VII, Family and Medical Leave Act, employment discrimination, sanctions, discovery Affirming summary judgment dismissal of Title VII, Rehabilitation Act, and FMLA discrimination claims against former employer, and discovery decisions and denial of motion for sanctions. per curiam (King, Haynes, Graves), criminal Affirming conviction on bank robbery … More January 9, 2024, opinions

October 20, 2023, opinions

October 23, 2023

Designated for publication Southwick, J. (Richman, Southwick, Oldham), toxic tort, recusal Affirming district court judge’s denial of motion to disqualify himself from cases arising from Deepwater Horizon spill. The Court held that the district court judge’s former partnership in a law firm that represented a former defendant in the claims that had been found not … More October 20, 2023, opinions

May 11-16, 2023, opinions

May 19, 2023

Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions

December 8, 2022, opinions

December 9, 2022

Designated for publication per curiam (Higginbotham, Duncan, Engelhardt), Rule 60, recusal Affirming denial of Rule 60 motion filed for reconsideration of judgment dismissing claims arising from arrest and incarceration, which motion was filed after the clerk of court notified the parties years after the judgment that the presiding judge had owned stock in one of … More December 8, 2022, opinions

April 5, 2022, opinions

April 6, 2022

Designated for publication Pulse Network, L.L.C. v. Visa, Inc., 18-20669, appeal from S.D. Tex. Duncan, J. (Smith, Willett, Duncan), antitrust, Sherman Act, recusal Reversing in part dismissal of plaintiff’s Sherman Act claims for lack of antitrust standing, remanding for further proceedings, and directing reassignment to a different judge. Pulse, a debit-network provider, brought suit against … More April 5, 2022, opinions

October 26, 2021, opinions

October 27, 2021

Designated for publication Mandawala v. Northeast Baptist Hospital, 20-50981, appeal from W.D. Tex. Smith, J. (Jones, Smith, Haynes), Haynes, J., concurring in judgment only; discrimination, recusal Affirming dismissal of pro se plaintiff’s claims against school, arising from failure of classes, for racial discrimination, First Amendment retaliation, loss of procedural due process, defamation, and intentional infliction … More October 26, 2021, opinions

July 9, 2021 opinions

July 11, 2021

Designated for publication U.S. v. Trujillo, 20-10679, appeal from N.D. Tex. Ho, J. (King, Dennis, Ho), criminal, sentencing Reforming judgment to reflect the conviction for illegal reentry after removal should be pursuant to 18 U.S.C. § 1326(b)(1) for illegal reentry after a conviction for a felony other than an aggravated felony, rather than under 18 … More July 9, 2021 opinions

Take the Fifth: March 29-31, 2021 opinions

April 3, 2021

Designated for publication U.S. v. Burney, 20-10529, appeal from N.D. Tex. Smith, J. (King, Smith, Haynes), criminal, sentencing Affirming 60-month sentence on guilty plea to wire fraud. The presentence report recommended a guideline range of 12-18 months, “[b]ased on the severity of the offense, Burney’s acceptance of responsibility, and his criminal history,” but the district … More Take the Fifth: March 29-31, 2021 opinions