Designated for publication per curiam (Elrod, Jones, Smith, Willett, Duncan, Engelhardt, Oldham, Wilson) (Ho, J., recused; Haynes, J., concurring in judgment only); Dennis, J., dissenting (joined by Stewart, Richman, Southwick, Graves, Higginson, Douglas, Ramirez); en banc, labor law, First Amendment After panel opinion affirmed NLRB order finding that tweet by Tesla CEO Elon Musk regarding … More October 25, 2024, opinions
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
Unpublished per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming 12-month sentence on conviction of aiming a laser pointer at an aircraft. Higginson, J. (HIgginbotham, Higginson, Duncan), qualified immunity Affirming qualified immunity dismissal of claims arising from suicide death of plaintiff’s daughter. per curiam (Smith, Stewart, Duncan), prisoner suit Affirming dismissal of sec. 1983 claims. per … More October 21, 2024, opinions
Designated for publication per curiam (Smith, Graves, Engelhardt), discovery, First Amendment Granting stay pending appeal of district court’s order compelling production of documents responsive to discovery requests for the defendant’s list of donors and financial supporters, in claims by social media company that defendants “knowingly and maliciously” manipulated images to “portray X Corp. as a … More October 17-20, 2024, opinions
Unpublished per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming imposition of lifetime supervised release as part of sentence for revocation of supervised release. per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming 72-month sentence on conviction of possession of a firearm by a felon. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and … More October 16, 2024, opinions
Designated for publication Southwick, J. (Dennis, Southwick, Engelhardt), criminal, sentencing Affirming 33-month sentence and conviction for possession of a firearm by a felon, holding that the district court acted appropriately in accepting the Sentencing Guidelines’ commentary defining “large capacity magazine” and that the underlying criminal statute is not unconstitutional; but vacating imposition of discretionary terms … More October 15, 2024, opinions
Designated for publication Duncan, J. (Southwick, Duncan, Kernodle, by designation), qualified immunity Reversing denial of qualified immunity summary judgment for defendant officers arising from arrest of plaintiff after plaintiff refused to identify himself or exit his car. Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, … More October 14, 2024, opinions
Designated for publication Wilson, J. (Jones, Clement, Wilson), criminal, sentencing Affirming conviction on making false statements involving international terrorism; vacating conviction on three counts of obstructing an official proceeding; and vacating 108-month sentence and remanding for resentencing. Charges arose from defendant’s entering into a romantic relationship with a target of her investigation, who she was … More October 11, 2024, opinions
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
Designated for publication Higginson, J. (Higginbotham, Stewart, Higginson), copyright, jury instructions Affirming judgment on jury verdict (and denial of JMOL) that defendant internet service provider was liable for contributory copyright infringement on plaintiff independent record labels’ copyright claims; vacating damages award predicated on statutory damages for each of the 1,403 songs at issue in the … More October 9, 2024, opinions
