Designated for publication Dennis, J. (Dennis, Southwick, Wilson), Wilson, J., concurring (joined by Southwick, J.), racial discrimination, Title II Reversing summary judgment in favor of defendant owner of restaurant, on plaintiff’s claims of racial discrimination in public accommodations after restaurant allegedly refused to seat her family group at a table and then offered the same … More May 22, 2024, opinions
Designated for publication Southwick, J. (Southwick, Engelhardt, Wilson), criminal, First Step Act Affirming denial of a second motion for sentence reduction under the First Step Act filed by defendant serving concurrent 360-month sentences for multiple drug conspiracy offenses involving both crack and powder cocaine and a consecutive 120-month sentence for using and possessing a semiautomatic … More May 21, 2024, opinions
Unpublished Graves, J. (Richman, Graves, Wilson), criminal, restitution Affirming district court’s order to Bureau of Prisons to transfer funds from defendant’s inmate account to cover restitution payments. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming 540-month sentence on conviction of conspiracy to commit carjacking, carjacking, brandishing a firearm during a crime of violence, attempted carjacking, … More May 20, 2024, opinions
Designated for publication Dennis, J. (Dennis, Southwick, Ho), criminal, search and seizure Affirming conviction of defendant for transporting undocumented aliens, upholding denial of motion to suppress that was brought on the basis that the alert of a Border Patrol canine was insufficient reasonable suspicion to extend the stop and probable cause to search because the … More May 16-17, 2024, opinions
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Clement, Wilson), Title VII, employment discrimination Vacating district court’s summary judgment dismissal of claims for failure to pay bonuses, and affirming summary judgment dismissal of all remaining discrimination claims, and remanding for further proceedings. per curiam (Willett, … More May 14, 2024, opinions
Designated for publication Jones, J. (King, Jones, Oldham), bankruptcy Affirming denial of motion to vacate bankruptcy court’s order removing four members of the Official Committee of Unsecured Creditors in the Archdiocese’s Chapter 11 bankruptcy, and holding that the former members of the committee lack standing to prosecute the appeal. Jolly, J. (Jolly, Smith, Haynes), federal … More May 13, 2024, opinions
Unpublished per curiam (Willett, Duncan, Ramirez), criminal, sentencing Affirming 37-month sentence on conviction of illegal reentry. per curiam (Elrod, Oldham, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Willett, Duncan, Ramirez), appellate jurisdiction Dismissing appeal from notice of intent for failure to prosecute and order denying motion to appoint counsel for … More May 9, 2024, opinions
Unpublished per curiam (Elrod, Oldham, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Elrod, Oldham, Wilson), criminal, sentencing Affirming 77-month sentence on conviction of possession of a firearm by a felon. per curiam (Higginson, Ho, Engelhardt), criminal, sentencing Affirming 24-month sentence on conviction of illegal reentry. per curiam (Elrod, Oldham, Wilson), … More May 8, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Higginson), bankruptcy, Burford abstention Reversing denial of claimant’s motion for Burford abstention in adversarial proceeding brought by debtor trustee to challenge the creditor’s proof of claim; reversing denial of motion to dismiss certain claims that parties agreed were claims for equitable relief; and vacating dismissal of remaining damages … More April 29, 2024, opinions
