Designated for publication Kaswatuka v. U.S. Department of Homeland Security, 20-10632, appeal from N.D. Tex. Stewart, J. (Stewart, Costa, Willett), employment discrimination, Title VII, Americans with Disabilities Act Affirming 12(b)(6) dismissal of plaintiff’s employment discrimination claims against the TSA. The Court first held that the plaintiff had waived any arguments other than those directly related … More August 2, 2021 opinions
Designated for publication U.S. v. Jackson, 19-10627, appeal from N.D. Tex. per curiam (Wiener, Elrod, Higginson), criminal, crime of violence Vacating conviction of using a facility in aid of a racketeering enterprise with intent to commit a “crime of violence”; holding that predicate offense of sex trafficking of children is not a “crime of violence,” … More July 27-28, 2021 opinions
Designated for publication U.S. v. Sharp, 20-60437, appeal from N.D. Miss. Costa, J. (Jones, Southwick, Costa), criminal, search and seizure, sufficiency of evidence, severance, Confrontation Clause, right to counsel Affirming conviction on fifteen drug trafficking and firearms counts arising from three separate incidents. The Court held there was no clear error in the district court’s … More July 26, 2021 opinions
Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), abortion law, § 1983, sovereign immunity Affirming in part and reversing in part district court’s denial of motion to dismiss on sovereign immunity grounds suit by Planned Parenthood against the director of the Louisiana Department … More July 15, 2021 opinions
Designated for publication U.S. v. Gaspar-Felipe, 19-50997, appeal from W.D. Tex. Duncan, J. (Jones, Costa, Duncan), criminal, sentencing, Confrontation Clause, sufficiency of evidence Affirming convictions and 78-month sentence for defendant’s role in an alien smuggling operations in which the person being smuggled died. The Court held that there was no Confrontation Clause violation in the … More July 13, 2021 opinions
Designated for publication Adeeko v. Garland, 19-60703, petition for review of BIA order Wilson, J. (Clement, Haynes, Wilson), Haynes, J., concurring; immigration Denying petition for review of BIA order affirming IJ’s order of removal of Nigerian citizen after the Department of Homeland Security charged him as being removable upon his conviction of online solicitation of … More July 1, 2021 opinions
Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions
Designated for publication Canfield v. Lumpkin, 18-10431, appeal from N.D. Tex. Owen, C.J. (Owen, Higginbotham, Willett), Higginbotham, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming the district court’s denial of petitioner’s habeas claims based on ineffective assistance of counsel for failure to investigate and challenge a juror who displayed partiality during voir dire. The … More Take the Fifth: May 21 and 24, 2021 opinions
Designated for publication Maniar v. Garland, 18-60667, petition for review of BIA order Ho, J. (Barksdale, Elrod, Ho), immigration Denying in part and dismissing in part petition to review BIA order upholding IJ’s removal order on the basis that the petitioner had committed an aggravated felony. The Court held that the petitioner’s conviction of conspiracy … More Take the Fifth: May 20, 2021 opinions
Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, sufficiency of evidence, Batson challenge “Defendants Delwin McClaren, Dedrick Keelen, Jawan Fortia, Bryan Scott, and Lionel Allen were convicted of numerous crimes related to their participation in a New Orleans street gang. We AFFIRM their convictions in part … More Take the Fifth: May 18, 2021 opinions
Take the Fifth 