Tag: sentencing

Take the Fifth: Dec. 26-31, 2020 opinions

January 9, 2021

Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions

Take the Fifth: Dec. 21-24 opinions

January 4, 2021

Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 opinions

Take the Fifth: Dec. 18, 2020 opinions

December 28, 2020

Designated for publication McMillan v. Amazon.com, Inc., 20-20108, appeal from S.D. Tex. Willett, J. (Wiener, Costa, Willett), products liability, certification Certifying question to the Texas Supreme Court whether an e-tailer such as Amazon is a “seller” liable under Texas’s products liability statute for products sold on its website by third-party vendors. The district court had … More Take the Fifth: Dec. 18, 2020 opinions

Take the Fifth: Dec. 17, 2020 opinions

December 18, 2020

Designated for publication Knight v. Kirby Offshore Marine Pacific, LLC, 19-30756, appeal from E.D. La. Barksdale, J. (Barksdale, Elrod, Ho); Ho., J., concurring; Elrod, J., dissenting; Jones Act, contributory negligence Affirming in part and vacating in part district court judgment that defendant employer was negligent for vessel captain ordering seaman plaintiff to replace stern line … More Take the Fifth: Dec. 17, 2020 opinions

Take the Fifth: Dec. 15, 2020 opinions

December 16, 2020

Designated for publication Cohen v. Gilmore, 19-20152, appeal from S.D. Tex. Graves, J. (Graves, Costa, Engelhardt), fraudulent transfer Affirming in part and vacating in part rulings of the state trial court entered prior to bankruptcy removal, and remanding to the federal district court for further proceedings. Plaintiff brought claim for fraudulent transfer in a real … More Take the Fifth: Dec. 15, 2020 opinions

Take the Fifth: December 10, 2020 opinions

December 11, 2020

Unpublished U.S. v. Martinez-Tapia, 18-40649, appeal from S.D. Tex. per curiam (Smith, Stewart, Higginson), criminal Granting Anders motion to withdraw, and dismissing appeal. Pierre v. Local Rule Policy Maker for the First Circuit Court of Appeal, 19-30738, appeal from M.D. La. per curiam (Stewart, Graves, Higginson), prisoner suit Denying IFP status, dismissing appeal as frivolous, … More Take the Fifth: December 10, 2020 opinions

Take the Fifth: Dec. 9 opinions

December 10, 2020

Unpublished U.S. v. Castaneda, 19-10687, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming within-Guidelines sentence of 180 months for conviction of possession with intent to distribute more than 50 grams of methamphetamine. U.S. v. Love, 19-11331, appeal from N.D. Tex. per curiam (Jones, Barksdale, Stewart), criminal, sentencing Affirming conviction and sentence … More Take the Fifth: Dec. 9 opinions

Take the Fifth: Dec. 7 and 8, 2020 opinions

December 10, 2020

Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions

Take the Fifth: Dec. 4, 2020 opinions

December 8, 2020

Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions

Take the Fifth: Dec. 2, 2020 opinions

December 3, 2020

Designated for publication U.S. v. Cano, 19-11297, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, sentencing, supervised release Affirming sentence of consecutive 24-month imprisonment terms for violating terms of supervised release. Defendant had left the jurisdiction during his supervised release without informing his probation officer, to return to Mexico and assist his ex-wife … More Take the Fifth: Dec. 2, 2020 opinions