Tag: RICO

October 12, 2023, opinions

October 13, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions

June 5, 2023, opinions

June 6, 2023

Unpublished per curiam (Smith, Southwick, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and … More June 5, 2023, opinions

March 27, 2023, opinions

March 28, 2023

Designated for publication Engelhardt, J. (Richman, Ho, Engelhardt), National Environmental Policy Act, sovereign immunity Affirming summary judgment in favor of Corps of Engineers on plaintiffs’ claims that Corps should be compelled to prepare a supplemental environmental impact statement pursuant to NEPA to increase usage of the Bonnet Carre Spillway, which summary judgment dismissed claims on … More March 27, 2023, opinions

December 9, 2022, opinions

December 12, 2022

Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, search and seizure, sentencing Affirming conviction and 16-month sentence for smuggling bulk cash, and upholding denial of motion to suppress evidence obtained from a border search while defendant attempted enter Mexico from the United States. After being pulled over at the border, officers noticed the defendant … More December 9, 2022, opinions

August 4, 2021 opinions

August 5, 2021

Air Evac EMS, Inc. v. Sullivan, 18-50722, appeal from W.D. Tex. Ho, J. (Stewart, Clement, Ho), preemption Affirming summary judgment in favor of plaintiff, to enjoin enforcement of provisions of the Texas Workers’ Compensation Act that put caps on the amount insurers must pay providers of emergency air transport services, on the basis that the … More August 4, 2021 opinions

June 28, 2021 opinions

June 29, 2021

Designated for publication U.S. v. Norbert, 20-60106, appeal from S.D. Miss. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), en banc, criminal, search and seizure Vacating March 16 panel opinion (Davis, J., joined by Stewart, J.; Oldham, J., dissenting), which had affirmed the district … More June 28, 2021 opinions

Take the Fifth: April 28, 2021 opinions

April 30, 2021

Designated for publication U.S. v. Onyeri, 18-50869, appeal from W.D. Tex. Clement, J. (Owen, Clement, Higginson), criminal, RICO, search and seizure Affirming RICO conviction for pattern of criminal activity culminating in attempted assassination attempt on state judge. The Court held that the district court did not err in denying a motion to suppress evidence from … More Take the Fifth: April 28, 2021 opinions

Take the Fifth: Dec. 21-24 opinions

January 4, 2021

Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 opinions