Tag: sentencing

Take the Fifth: May 6 and 7, 2021 opinions

May 11, 2021

Designated for publication U.S. v. Gas Pipe, Inc., 19-11145, appeal from N.D. Tex. Higginson, J. (Haynes, Higginson, Oldham), criminal, sufficiency of evidence, fraud, sentencing Affirming conviction for conspiracy to defraud the United Stated for defrauding the FDA by mislabeling or selling synthetic cannabinoids marked as “not meant for human consumption” as “spice” for smoking; and … More Take the Fifth: May 6 and 7, 2021 opinions

Take the Fifth: May 4, 2021 opinions

May 5, 2021

Unpublished U.S. v. Lara-Benito, 19-41002, appeal from E.D. Tex. per curiam (Davis, Elrod, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. Florence v. Lumpkin, 19-41036, appeal from S.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of dismissal of prisoner suit, for lack of timely notice of appeal. U.S. v. Renteria-Patino, … More Take the Fifth: May 4, 2021 opinions

Take the Fifth: May 3, 2021 opinions

May 4, 2021

Designated for publication White v. U.S. Corrections, LLC, 19-51074, appeal from W.D. Tex. Wilson, J. (Elrod, Duncan, Wilson), Fair Labor Standards Act Reversing district court’s 12(b)(6) dismissal of plaintiff’s overtime claim under the FLSA, holding that, while the Motor Carrier Act (“MCA”) exemption from the FLSA governed the plaintiff’s job transporting prisoners for the defendant, … More Take the Fifth: May 3, 2021 opinions

Take the Fifth: April 27, 2021 opinions

April 28, 2021

Unpublished Garcia v. Harlingen County, 19-40860, appeal from S.D. Tex. per curiam (Jolly, Elrod, Graves), prisoner suit Affirming dismissal of prisoner suit as frivolous. U.S. v. Clark, 20-10364, appeal from N.D. Tex. per curiam (Jones, Costa, Duncan), habeas corpus, firearms violation Reversing district court’s denial of successive § 2255 petition, and vacating conviction under 18 … More Take the Fifth: April 27, 2021 opinions

Take the Fifth: April 26, 2021 opinions

April 27, 2021

Designated for publication Sanchez v. Oliver, 20-50282, appeal from W.D. Tex. Clement, J. (Jones, Clement, Graves), qualified immunity, deliberate indifference Reversing district court’s summary judgment dismissal of deliberate indifference claim against clinical social worker who had taken pretrial detainee off suicide watch prior to his committing suicide, and remanding for further proceedings. The victim’s mother … More Take the Fifth: April 26, 2021 opinions

Take the Fifth: April 22, 2021 opinions

April 23, 2021

Designated for publication Aguirre v. City of San Antonio, 17-51031, appeal from W.D. Tex. Dennis, J. (Jolly, Dennis, Higginson), Jolly, J., concurring; Higginson, J., concurring; excessive force, qualified immunity, municipal liability Vacating summary judgment on qualified immunity grounds as to claims against officer defendants for holding arrestee in hog-tied, “maximum restraint” position for five and … More Take the Fifth: April 22, 2021 opinions

Take the Fifth: April 21, 2021 opinions

April 22, 2021

Designated for publication Thibodeaux v. Sanofi U.S. Services, Inc., 20-30104, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Costa), timeliness, contra non valentem Affirming district court’s summary judgment dismissal of products liability claims regarding permanent hair loss from chemotherapy drug Taxotere, on the basis that the claims were facially prescribed under Louisiana law and that … More Take the Fifth: April 21, 2021 opinions

Take the Fifth: April 20, 2021 opinions

April 21, 2021

Unpublished English v. Aramark Corp., 19-20412, appeal from S.D. Tex. per curiam (Haynes, Graves, Willett), prisoner suit, removal Remanding to district court for the limited purpose of determining if defendant met its burden to show removal jurisdiction existed over state prisoner’s suit against prison food service provider. U.S. v. Vasquez-Garcia, 19-20880, appeal from S.D. Tex. … More Take the Fifth: April 20, 2021 opinions

Take the Fifth: April 19, 2021 opinions

April 20, 2021

Designated for publication Phillips v. Sanofi US Services, Inc., 20-30405, appeal from E.D. La. per curiam (King, Smith, Haynes), product liability Affirming summary judgment dismissal of plaintiff’s failure-to-warn claim regarding permanent hair-loss from chemotherapy drug Taxotere, on finding that, under Louisiana law, there was a lack of causation because there was no genuine dispute that … More Take the Fifth: April 19, 2021 opinions