Tag: sentence reduction

December 2, 2024, opinions

December 3, 2024

Unpublished per curiam (Ho, Engelhardt, Douglas), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Southwick, Engelhardt), criminal, guilty plea Affirming guilty plea conviction of conspiracy to receive firearms while being illegally or unlawfully present in the … More December 2, 2024, opinions

November 27, 2024, opinions

December 2, 2024

Designated for publication Duncan, J. (Willett, Duncan, Ramirez), Ramirez, J., dissenting; sovereign immunity, Administrative Procedure Act, intergovernmental immunity, Immigration and Nationality Act, trespass Reversing district court’s denial of preliminary injunction, and granting injunction to enjoin Border Patrol “from damaging, destroying, or otherwise interfering with Texas’s [concertina]-wire fence in the vicinity of Eagle Pass, Texas, as … More November 27, 2024, opinions

November 21-25, 2024, opinions

November 26, 2024

Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt), breach of contract, employment, personal jurisdiction Affirming dismissal of Louisiana-resident employee’s breach-of-contract wage payment claim against Virginia-resident employer for lack of personal jurisdiction. “[Defendant] Pritchard contends the fiduciary shield doctrine precludes jurisdiction based on his purely corporate contacts with Louisiana. [Plaintiff] Savoie counters that the fiduciary shield … More November 21-25, 2024, opinions

November 15, 2024, opinions

November 18, 2024

Designated for publication per curiam (Elrod, Dennis, Higginson), maritime, breach of contract, insurance Reversing post-bench trial dismissal of two maritime breach of contract claims arising from injury of defendant’s employee. Cross-claim plaintiff owner of crew boat had been found liable for damages to an employee of the cross-claim defendant owner of a construction company, who … More November 15, 2024, opinions

November 7, 2024, opinions

November 8, 2024

Designated for publication Oldham, J. (Jones, Southwick, Oldham), First Amendment On remand from the U.S. Supreme Court, remanding to the district court for further fact-findings: “In Moody v. NetChoice, LLC, 144 S. Ct. 2383 (2024), the Supreme Court emphasized that facial challenges to state laws are difficult to successfully mount. In the First Amendment context, … More November 7, 2024, opinions

October 31, 2024, opinions

November 1, 2024

Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for cancelation of removal and voluntary departure; rejecting arguments “that (1) the agency erred in determining he was ineligible for cancellation because he had not made the required exceptional-hardship and … More October 31, 2024, opinions

October 24, 2024, opinions

October 25, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), immigration Granting Haitian immigrant’s petitions for review of BIA’s dismissal of appeal from IJ’s denial of application for withholding of removal and protection under the Convention Against Torture, and for review of BIA’s denial of motion for reconsideration; vacating BIA’s orders; and remanding for review of IJ’s … More October 24, 2024, opinions

October 10, 2024, opinions

October 11, 2024

Designated for publication Willett, J. (Elrod, Willett, Duncan), habeas corpus Affirming denial of habeas relief, upholding district court’s judgment that the § 2254 petition was untimely. The Court first held that the appeal was timely, based on district court’s determination that the petitioner had placed his request for a “return date” and an extension to … More October 10, 2024, opinions

October 7, 2024, opinions

October 8, 2024

Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wilson, Douglas, Vitter, by designation), employment discrimination, Age Discrimination in Employment Act Affirming summary judgment dismissing ADEA and employment discrimination claims. per curiam (Wiener, Ho, Ramirez), criminal Affirming conviction of being a felon in possession of a firearm. … More October 7, 2024, opinions

October 4, 2024, opinions

October 7, 2024

Designated for publication Oldham, J. (Ho, Duncan, Oldham), qualified immunity Previously released as an unpublished per curiam opinion on October 1, 2024, this is now a published opinion attributed to Judge Oldham, affirming the denial of a qualified immunity summary judgment moved for by the defendant state trooper who shot the plaintiff at point-blank range … More October 4, 2024, opinions