Tag: sentencing

February 9, 2023, opinions

February 10, 2023

Unpublished per curiam (Smith, Clement, Wilson), criminal, search and seizure Affirming conviction of possession with intent to distribute 5F-AMB (synthetic marijuana), upholding district court’s denial of motion to suppress. per curiam (King, Higginson, Willett), criminal Affirming conviction for illegal reentry. per curiam (Higginbotham, Graves, Ho), immigration Dismissing as moot Honduran citizen’s petition for review of … More February 9, 2023, opinions

February 8, 2023, opinions

February 9, 2023

Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, vagueness, timeliness, jurisdiction, Miranda rights Reversing judgment suppressing defendants’ statements made during an interview and dismissing counts against defendants arising from international bribery scheme, and remanding for further proceedings. The Court reversed the district court’s judgment that it lacked subject-matter jurisdiction under the Foreign Corrupt Practices … More February 8, 2023, opinions

February 7, 2023, opinions

February 8, 2023

Unpublished per curiam (Smith, Clement, Wilson), criminal Affirming conviction of assaulting a federal officer. per curiam (Smith, Clement, Wilson), immigration Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order affirming IJ’s denial of application for cancellation of removal and protection under the CAT. per curiam (Wiener, Elrod, Engelhardt), criminal … More February 7, 2023, opinions

February 6, 2023, opinion

February 7, 2023

Designated for publication per curiam (Richman, King, Higginson), prisoner suit, Eighth Amendment, qualified immunity Reversing in part, affirming in part, and remanding from district court’s summary judgment dismissal of Texas state inmate’s pro se First and Eighth Amendment claims against officials at the Texas Department of Criminal Justice arising out of a housing transfer and … More February 6, 2023, opinion

February 3, 2023, opinions

February 6, 2023

Designated for publication Willett, J. (Stewart, Willett, Oldham), attorney discipline Granting petition for panel rehearing; withdrawing opinion from November 29, 2022, that had reversed in part, affirmed in part, and remanded from en banc district court’s order of a one-year ban from practice in front of the Eastern District of Louisiana for attorney in BP Deepwater Horizon … More February 3, 2023, opinions

February 1, 2023, opinions

February 2, 2023

Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions

January 31, 2023, opinions

February 1, 2023

Designated for publication per curiam (Higginbotham, Oldham, by quorum), qualified immunity Denying en banc rehearing on panel decision (Higginbotham, Costa, Oldham) that had (over Judge Oldham’s dissent) affirmed in part and reversed in part denial of qualified immunity for state Department of Public Safety & Corrections officials on claims they ignored the administrative failure of … More January 31, 2023, opinions

January 30, 2023, opinions

January 31, 2023

Designated for publication Smith, J. (Jones, Smith, Graves), insurance, COVID-19 Affirming dismissal of helicopter services company in dispute arising from claim against its all-risk insurer to recover economic losses from the partial interruption of business during the pandemic. The Court held that the requirement for “direct physical loss of or damage” to property as an … More January 30, 2023, opinions

January 27, 2023, opinions

January 30, 2023

Designated for publication Elrod, J. (Richman, Higginbotham, Elrod), First Amendment, mootness Vacating injunction ordering display submitted by the Freedom From Religion Foundation be displayed at the Texas State Capitol, because state had repealed altogether its Capitol Exhibit Rule that had allowed the display of submitted exhibits that met certain non-onerous requirements, such that there was … More January 27, 2023, opinions

January 26, 2023, opinions

January 27, 2023

Unpublished per curiam (Dennis, Elrod, Duncan), employment discrimination, Title VII Affirming summary judgment dismissal of plaintiff’s sex discrimination claims for failure to hire based on positions for which she did not apply and positions for which she did apply but for which she was not selected; reversing summary judgment dismissal of failure-to-hire claims based on … More January 26, 2023, opinions