Designated for publication Elrod, J. (Wiener, Elrod, Engelhardt), criminal, sentencing Vacating sentence for conviction of being a felon in possession of a firearm, where sentence is based on enhancement applicable when a defendant’s firearm “has an altered or obliterated serial number” and there is no evidence that the rifle at issue ever had a serial … More March 20, 2023, opinions
Designated for publication per curiam (Wiener, Elrod, Engelhardt), immigration Denying Mexican citizen’s petition for review of BIA order issuing a final order of removal after IJ’s decision that he was ineligible for asylum because of a conviction of Texas aggravated robbery. Petitioner had been a lawful permanent resident of the U.S. since 2003. In 2014 … More March 3-6, 2023, opinions
Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
Designated for publication Ho, J. (Graves, Ho, Duncan), qualified immunity Reversing denial of qualified immunity to Secretary of Louisiana Department of Public Safety and Corrections on claims arising from the detention of inmates past the end of their sentences. The Court held that, while the detention of inmates past the end of their sentences violates … More February 14, 2023, opinions
Unpublished per curiam (Smith, Clement, Wilson), criminal, search and seizure Affirming conviction of possession with intent to distribute 5F-AMB (synthetic marijuana), upholding district court’s denial of motion to suppress. per curiam (King, Higginson, Willett), criminal Affirming conviction for illegal reentry. per curiam (Higginbotham, Graves, Ho), immigration Dismissing as moot Honduran citizen’s petition for review of … More February 9, 2023, opinions
Designated for publication Wilson, J. (Jones, Ho, Wilson), Ho, J., concurring; criminal, Second Amendment Vacating conviction for possession of a firearm by someone subject to a domestic violence restraining order, declaring 18 USC § 922(g)(8) facially unconstitutional in light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). After … More February 2, 2023, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions
Designated for publication Oldham, J. (Higginbotham, Jones, Oldham), Higginbotham, J., concurring; criminal, compassionate release Affirming denial of motion for compassionate release, holding that the defendant’s arguments instead should have been made on direct appeal or in habeas through a § 2255 petition. Defendant had been convicted of three cocaine distribution counts and one count of … More January 17, 2023, opinions
Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J. (joined by Richman, C.J.), concurring in judgment only; Ho, J. (joined by Richman, Southwick, JJ.), concurring in part … More January 3-6, 2023, opinions
Designated for publication Southwick, J. (Jones, Southwick, Ho), criminal, sufficiency of evidence, search and seizure Affirming in part, reversing in part, and remanding; affirming conviction of _________; reversing conviction of for insufficient evidence; and remanding for Government to elect between overlapping counts of ________. The Court found no reversible error in the district court’s denial … More December 19, 2022, opinions
