Tag: search and seizure

Take the Fifth: May 11, 2021 opinions

May 12, 2021

Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions

Take the Fifth: May 6 and 7, 2021 opinions

May 11, 2021

Designated for publication U.S. v. Gas Pipe, Inc., 19-11145, appeal from N.D. Tex. Higginson, J. (Haynes, Higginson, Oldham), criminal, sufficiency of evidence, fraud, sentencing Affirming conviction for conspiracy to defraud the United Stated for defrauding the FDA by mislabeling or selling synthetic cannabinoids marked as “not meant for human consumption” as “spice” for smoking; and … More Take the Fifth: May 6 and 7, 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: April 14, 2021 opinions

April 15, 2021

Designated for publication U.S. v. Williams, 20-40157, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), criminal, restitution Affirming restitution award of more than $2 million for defendant on guilty plea conviction of four counts of wire fraud involving purported sales of cattle in which defendant absconded with the money without producing the cattle. “The … More Take the Fifth: April 14, 2021 opinions

Take the Fifth: March 16, 2021 opinions

March 17, 2021

Designated for publication Anokwuru v. City of Houston, 20-20295, appeal from S.D. Tex. Wilson, J. (Stewart, Higginson, Wilson), § 1983, false arrest, malicious prosecution Affirming 12(b)(6) dismissal of plaintiff’s § 1983 claims arising from his allegations that Officer M.R. Francis arrested him without probable cause, maliciously prosecuted him, and racially discriminated against him, and that … More Take the Fifth: March 16, 2021 opinions

Take the Fifth: March 12, 2021 opinions

March 16, 2021

Designated for publication U.S. v. Nelson, 19-41008, appeal from S.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, search and seizure, Miranda Affirming conviction for conspiracy to possess with intent to distribute 50 kilograms or more of marijuana, on conditional guilty plea reserving right to appeal from district court’s denial of motion to suppress evidence seized … More Take the Fifth: March 12, 2021 opinions

Take the Fifth: March 8, 2021 opinions

March 9, 2021

Designated for publication U.S. v. Masha, 19-20673, appeal from S.D. Tex. Jones, J. (Jones, Clement, Graves), criminal, sufficiency of evidence, sentencing Affirming conviction and sentence on eight counts of false use of a passport under 18 U.S.C. § 1543, and vacating (with government’s acquiescence) conviction and sentence on eight counts of misuse of a passport … More Take the Fifth: March 8, 2021 opinions

Take the Fifth: March 3, 2021 opinions

March 4, 2021

Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions

Take the Fifth: Feb. 11 and 12, 2021 opinion

February 15, 2021

Designated for publication DM Arbor Court, Ltd. v. City of Houston, 20-20194, appeal from S.D. Tex. Costa, J. (Davis, Southwick, Costa), ripeness Vacating district court’s dismissal of suit on ripeness grounds, and remanding for further proceedings. Plaintiff had brought suit challenging the refusal by the City to grant permits for repairs to apartments that had … More Take the Fifth: Feb. 11 and 12, 2021 opinion

Take the Fifth: Feb. 10 and 11, 2021 opinions

February 12, 2021

Designated for publication Adams v. All Coast, LLC, 19-30907, appeal from W.D. La. Clement, J. (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Reversing summary judgment in favor of employer on employees’ FLSA overtime claims, on holding that district court erred in classifying the employees, who operated cranes on employer’s liftboats, a seamen who … More Take the Fifth: Feb. 10 and 11, 2021 opinions