Tag: social security

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 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 12, 2021 opinions

April 13, 2021

Designated for publication Hutcheson v. Dallas County, Texas, 20-10383, appeal from N.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), excessive force, qualified immunity Affirming summary judgment dismissal of plaintiffs’ excessive force and failure to train claims on qualified immunity grounds, in claims arising from officers’ restraint of victim at county jail as victim was actively resisting … More Take the Fifth: April 12, 2021 opinions

Take the Fifth: Jan. 22, 2021 opinions

January 24, 2021

Designated foro publication U.S. v. Warren, 19-10805, appeal from N.D. Tex. Willett, J. (Wiener, Costa, Willett), criminal, fraud, sufficiency of evidence, sentencing Affirming conviction and sentence of 114 months and 102 months for two defendants on eight counts arising from fraudulent telemarketing scam to ostensibly cancel timeshares. The Court held that there was sufficient evidence … More Take the Fifth: Jan. 22, 2021 opinions

Take the Fifth: Oct. 9, 2020 opinions

October 12, 2020

U.S. v. Strother, 19-40361, appeal from E.D. Tex., designated for publication Higginson, J. (Higgonbotham, Jones, Higginson), criminal, sentencing, guilty plea Affirming conviction and sentence. Defendant had pled guilty to possession of a firearm by a felon. Thereafter, his counsel successfully moved to withdraw as counsel, and defendant filed a pro se motion to withdraw his … More Take the Fifth: Oct. 9, 2020 opinions