Designated for publication Duncan, J. (Graves, Ho, Duncan), Graves, J., dissenting in part; Ho, J., dissenting; COVID-19, mootness Dismissing appeal of injunction of Navy vaccine mandates, as moot, after Navy complied with Congressional directive, rescinded challenged policies requiring COVID-19 vaccinations even for servicemembers with religious objections, and formally announced that vaccines would not be imposed … More July 6, 2023, opinions
Designated for publication Ho, J. (Dennis, Elrod, Ho), administrative law Affirming summary judgment in favor of Department of Treasury in its administration of the Community Development Financial Institutions Fund (“the Fund”), and its decision to require repayment of approximately $12 million from OnPath to the Fund based on a materially misrepresented certification application by OnPath. … More July 1-5, 2023, opinions
Unpublished per curiam (Smith, Southwick, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and … More June 5, 2023, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), immigration Denying Ecuadoran citizen’s petition for review of BIA order denying motion to reopen removal proceedings and rescind in absentia order of removal; holding that it was the petitioner’s duty to correct the address he had provided to immigration officials that misspelled (by one letter) the city … More June 2, 2023, opinions
Designated for publication Wiener, J. (Wiener, Southwick, Duncan), criminal, sentencing Affirming reliance on obstruction of justice enhancement to apply to base sentencing level, resulting in 21-month sentence on conviction of assaulting, resisting, or impeding various officers or employees. The Court held that the district court did not clearly err in finding that the defendant obstructed … More June 1, 2023, opinions
Unpublished per curiam (Richman, Dennis, Haynes), prisoner suit Vacating 41(b) dismissal of Texas state prisoner’s § 1983 suit, concluding that lesser sanctions would prompt diligent prosecution of suit, and remanding for further proceedings. per curiam (Graves, Ho, Duncan), breach of contract Reversing judgment on jury verdict in favor of company’s former CEO on his breach … More May 31, 2023, opinions
Designated for publication Graves, J. (Graves, Ho, Duncan), Ho, J., concurring; immigration Denying Cambodian citizen’s petition for review of BIA order affirming IJ’s finding that he is removable for having been convicted of an aggravated felony. The Court held “that Khan’s conviction under 18 Pa. Cons. Stat. § 3925(a) constitutes receipt of stolen property, and … More May 30, 2023, opinions
Unpublished per curiam (Smith, Southwick, Douglas), criminal, First Step Act Vacating 78-month sentence for conviction of conspiracy to possess with intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of heroin and possession with intent to distribute five kilograms or more of a mixture or substance containing a … More May 24, 2023, opinions
Designated for publication Clement, J. (Clement, Oldham, Wilson), Oldham, J., concurring; insurance Affirming dismissal of insured’s suit against insurer on pollution liability policy, where insured sought defense from charges that it had intentionally dumped polluted polluted wastewater into city sewer system and policy only covered “accidents.” Judge Oldham concurred in the judgment, but for a … More May 19-22, 2023, opinions
Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions
