Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Ho, Duncan, Engelhardt, Wilson, Ramirez); Haynes, J., concurring in part (joined by Stewart, Southwick); Willett, J., dissenting (joined by King, Elrod, Graves, Higginson, Douglas); § 1983 Affirming dismissal of plaintiff’s § 1983 claim for money damages and to challenge constitutionally “tainted” state-law conviction, on basis … More September 13, 2024, opinions
Designated for publication per curiam (Jones, Ho, Wilson), Ho, J., concurring; criminal, sentencing On remand from the U.S. Supreme Court, affirming defendant’s conviction of being in possession of a firearm while subject to a domestic violence restraining order; and affirming sentence of 73 months to run consecutively with any state court sentence on pending charges. … More September 10-12, 2024, opinions
Designated for publication Jones, J. (King, Jones, Oldham), criminal, sentencing Affirming district court’s determination that federal sentence for possession of a firearm by a felon would run consecutively with state-court sentence and that defendant would not get 43 months’ credit for time spent serving sentence on state conviction. per curiam (Haynes, Willett, Oldham), Haynes, J., … More September 9, 2024, opinions
Designated for publication Oldham, J. (Ho, Duncan, Oldham), habeas corpus, Equal Protection Clause Affirming denial of habeas relief on claim that life sentence for state conviction of sexual assault and prohibited sexual conduct with the petitioner’s intellectually disabled daughter violated the Equal Protection Clause. Wiener, J. (Wiener, Elrod, Wilson), sec. 1983 Affirming judgment on jury … More September 6, 2024, opinions
Unpublished per curiam (King, Stewart, Higginson), criminal Affirming conviction of wire fraud. per curiam (Jolly, Graves, Oldham), criminal, sentencing Affirming denial of motion for sentence reduction. per curiam (Jones, Willett, Engelhardt), foreclosure Affirming summary judgment dismissal of claims arising from mortgage servicing. per curiam (Jolly, Graves, Oldham), criminal, sufficiency of evidence Affirming conviction of possession … More September 5, 2024, opinions
Unpublished per curiam (Stewart, Dennis, Wilson), workers’ compensation Affirming judgment against workers’ compensation insurer regarding voidability of policy under Mississippi law. per curiam (Southwick, Haynes, Douglas), criminal, sentencing Vacating 156-month sentence on conviction of carjacking and brandishing a firearm during a crime of violence, where district court expressed mistaken belief that Guidelines range was 84 … More September 3, 2024, opinions
Designated for publication Dennis, J. (Jones, Dennis, Willett); Willett, J., concurring; Jones, J., dissenting; qualified immunity, municipal liability Reversing summary judgment dismissal on qualified immunity grounds of excessive force claims arising from violent arrest of plaintiff, holding that the defendant officer “failed to show the absence of a genuine dispute of material fact as to … More August 29-30, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), securities fraud Denying second petition for en banc rehearing, no active-duty judge having requested a poll, and re-issuing mandate. The Court held that the district court judge’s finding of unclean hands, such that no setoff was awarded, rather than the unclean-hands issue going to the jury, was … More August 26-27, 2024, opinions
Designated for publication Engelhardt, J. (Clement, Engelhardt, Wilson), breach of contract, tortious interference Reversing judgment as a matter of law to defendant on plaintiff’s declaratory judgment claim; reversing judgment as a matter of law to co-defendant on plaintiff’s declaratory judgment and tortious interference claims; remanding for jury trial on the reversed claims; affirming denial of … More August 23, 2024, opinions
Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions
