Tag: sentencing

June 30, 2026, opinions

July 3, 2026

Designated for publication Duncan, J. (Jones, Duncan, Douglas), Douglas, J., dissenting (oral argument); administrative law, nondelegation doctrine, Seventh Amendment, major questions doctrine Granting petition for review of HHS enforcement order imposing fine for selling of unauthorized vaping products, and vacting decision. Texas Tobacco Barn (TTB), a Lubbock, Texas vape shop, applied for FDA premarket authorization … More June 30, 2026, opinions

June 29, 2026, opinions

June 30, 2026

Designated for publication Willett, J. (Smith, Willett, Ramirez) (oral argument), criminal, sentencing Affirming sentence on “mutiny” conviction for immigration detainee. Six detainees at an ICE facility in El Paso knotted bed sheets, towels, and shirts into a makeshift rope and climbed onto an unrailed canopy roof approximately two stories high. For more than three and … More June 29, 2026, opinions

June 25-26, 2026, opinions

June 27, 2026

Designated for publication Smith, J. (Smith, Graves, Engelhardt) (oral argument), habeas corpus, First Amendment, ineffective assistance of counsel Affirming denial of habeas relief. Irving Davis raped and murdered 15-year-old Melissa Medina in 2001, cutting off her fingertips to prevent DNA identification. He was convicted of capital murder and sentenced to death; the Texas Court of … More June 25-26, 2026, opinions

June 22, 2026, opinions

June 23, 2026

Designated for publication per curiam (en banc), First Amendment, en banc Ordering en banc hearing in the first instance, and consolidating for purposes of argument only, of two district court injunction decisions regarding the Texas A&M system’s dragshows policy–one from the Northern District of Texas (Spectrum WT) denying a preliminary injunction against a university ban … More June 22, 2026, opinions

June 18, 2026, opinions

June 19, 2026

Designated for publication Smith, J. (Smith, Clement, Duncan) (oral argument), Clement, J., concurring (joined by Duncan, J.); criminal, Second Amendment Affirming conviction of possession of an unregistered firearm for defendant’s possession of homemade silencers, rejecting Second Amendment challenge. After sheriff’s deputies arrested Comeaux for unlawfully discharging a firearm, a search of his residence turned up … More June 18, 2026, opinions

June 16, 2026, opinions

June 17, 2026

Designated for publication Wilson, J. (Elrod, Smith, Wilson) (oral argument), criminal, sentencing Affirming sentences on revocation of supervised release. James Baldemoro pleaded guilty to possession of child pornography under 18 U.S.C. § 2252A(b)(2) and was sentenced to the statutory maximum of ten years’ imprisonment followed by ten years’ supervised release. After completing his prison term, … More June 16, 2026, opinions

June 15, 2026, opinions

June 16, 2026

Designated for publication Higginson, J. (King, Higginson, Wilson) (no oral argument), False Claims Act, settlement agreement Affirming district court’s judgment enforcing oral settlement agreement reached at mediation of False Claims Act claim. The United States sued Dr. Dongxin Ma and Ma Acupuncture PC under the False Claims Act for allegedly submitting approximately $1.3 million in … More June 15, 2026, opinions

June 12, 2026, opinions

June 15, 2026

Designated for publication Higginson, J. (Haynes, Higginson, Ho) (oral argument withdrawn), § 1983, sovereign immunity, supplemental jurisdiction Affirming as dismissal of § 1983 claims against Texas DOT as subject to sovereign immunity; and affirming declination to exercise supplemental jurisdiction over state-law claims, though modified to be a dismissal without prejudice. John Gannon, Inc. owned billboards … More June 12, 2026, opinions

June 11, 2026, opinions

June 12, 2026

Designated for publication Duncan, J. (King, Duncan, Engelhardt) (oral argument before original panel decision), nondelegation doctrine, appointments clause, due process, standing On remand from the U.S. Supreme Court, for reconsideration of the panel’s original July 5, 2024, decision in light of FCC v. Consumers’ Research, reissuing the original panel decision, with a new section explaining how FCC does … More June 11, 2026, opinions

June 9 2026, opinions

June 10, 2026

Designated for publication Douglas, J. (Southwick, Higginson, Douglas) (oral argument), trade secrets, RICO Reversing dismissal of plaintiff’s RICO/theft-of-trade-secrets claim, and remanding for further proceedings. EnvTech, Inc. is a company that developed a confidential proprietary one-step chemical formula and cleaning process for hydrofluoric acid alkylation (“HF alky”) units in oil refineries, controlling roughly 80% of the … More June 9 2026, opinions