Unpublished U.S. v. Reedy, 21-10895, appeal from N.D. Tex. per curiam (King, Costa, Ho), criminal, compassionate release Affirming denial of motion for compassionate release. U.S. v. Lopez, 21-40437, appeal from S.D. Tex. per curiam (King, Costa, Ho), criminal, sentencing Affirming 120-month sentence on conviction of conspiracy to possess with intent to distribute five kilograms and … More May 6, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Guerrero v. Occidental Petroleum Corp., 20-20633, appeal from S.D. Tex. Duncan, J. (Higginbotham, Willett, Duncan), employment Affirming district court’s dismissal of claims of … More May 5, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Johnson v. TheHuffingtonPost.com, Inc., 21-20022, appeal from S.D. Tex. per curiam (King, Smith, Haynes), Elrod, J., dissenting from denial of rehearing (joined by … More May 4, 2022, opinions
Designated for publication Consumer Financial Protection Bureau v. All American Check Cashing, Inc., 18-60302, appeal from S.D. Miss. per curiam (Richman, Higginbotham, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson); Jones, J., concurring (joined by Elrod, Duncan, Engelhardt, Oldham, JJ.); Oldham, J., concurring in judgment (joined by Engelhardt, … More May 2-3, 2022, opinions
Designated for publication Wilson v. Stroman, 20-50367, c/w Lewis v. Stroman, 20-50372, c/w Mitchell v. Stroman, 20-50380, c/w Miller v. Stroman, 20-50408, c/w Harper v. Stroman, 20-50453, appeal from W.D. Tex. Higginson, J. (Richman, Clement, Higginson), Fourth Amendment, false arrest Reversing dismissal of Fourth Amendment false arrest claims on application of the independent intermediary doctrine, … More April 28, 2022, opinions
Designated for publication Edwards Family Partnership, L.P. v. Johnson, 20-61011, appeal from S.D. Miss. Higginson, J. (Dennis, Higginson, Costa), bankruptcy Affirming in part, reversing in part, and remanding from district court’s order reversing in part and affirming in part the bankruptcy court’s orders arising from $17.8 million claimed by companies controlled by Dr. Charles Edwards … More April 27, 2022, opinions
Designated for publication U.S. v. Mejia-Banegas, 21-50459, appeal from W.D. Tex. per curiam (King, Jones, Duncan), King, J., concurring; criminal, supervised release Affirming special condition of supervised release terms that allowed probation officer to require the defendant to notify a person he may pose a risk to and to inform them about that risk. On … More April 25-26, 2022, opinions
Designated for publication U.S. v. Hanner, 20-30420, appeal from W.D. La. Higginson, J. (Southwick, Haynes, Higginson), habeas corpus Vacating in part and affirming in part district court’s ruling on successive sec. 2255 petition, on basis that petitioner had raised a grounds for challenging his sentence that had not been authorized by the Fifth Circuit’s grant … More April 22, 2022, opinions
Designated for publication U.S. v. Perez-Espinoza, 20-40769, appeal from S.D. Tex. Oldham, J. (Davis, Willett, Oldham), criminal, sentencing Affirming sentence, holding that orally pronounced supervised-release term that defendant would have to report to U.S. Probation Office within 72 hours of return to U.S. was not materially different from written term that he would have to … More April 21, 2022, opinions
Designated for publication Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS … More April 20, 2022, opinions
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