Tag: sufficiency of evidence

Take the Fifth: March 19, 2021 opinions

March 22, 2021

Designated for publication U.S. v. Kieffer, 19-30225, appeal from E.D. La. Haynes, J. (Haynes, Higginson, Oldham), Oldham, J., concurring; criminal, sufficiency of evidence, juror questioning, crime of violence Affirming convictions of father-and-son co-defendants on charges arising from armed robberies of armored trucks, including convictions for conspiracy to commit bank robbery, armed bank robbery, brandishing a … More Take the Fifth: March 19, 2021 opinions

Take the Fifth: March 15, 2021 opinions

March 17, 2021

Designated for publication U.S. v. Dubin, 19-50912, appeal from W.D. Tex. per curiam (En banc), criminal, fraud, sufficiency of evidence, timeliness, restitution, sentencing Ordering case to be reheard en banc, vacating December 4 panel opinion (Barksdale, Elrod, Ho; Elrod, concurring) that affirmed conviction and sentence for defendants’ charged scheme to defraud Texas’s Medicaid program. Jones v. Michaels Stores, Inc., … More Take the Fifth: March 15, 2021 opinions

Take the Fifth: March 12, 2021 opinions

March 16, 2021

Designated for publication U.S. v. Nelson, 19-41008, appeal from S.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, search and seizure, Miranda Affirming conviction for conspiracy to possess with intent to distribute 50 kilograms or more of marijuana, on conditional guilty plea reserving right to appeal from district court’s denial of motion to suppress evidence seized … More Take the Fifth: March 12, 2021 opinions

Take the Fifth: March 8, 2021 opinions

March 9, 2021

Designated for publication U.S. v. Masha, 19-20673, appeal from S.D. Tex. Jones, J. (Jones, Clement, Graves), criminal, sufficiency of evidence, sentencing Affirming conviction and sentence on eight counts of false use of a passport under 18 U.S.C. § 1543, and vacating (with government’s acquiescence) conviction and sentence on eight counts of misuse of a passport … More Take the Fifth: March 8, 2021 opinions

Take the Fifth: March 3, 2021 opinions

March 4, 2021

Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions

Take the Fifth: Feb. 26, 2021 opinions

March 1, 2021

Designated for publication Wickfire, LLC v. Woodruff, 17-50340, appeal from W.D. Tex. Owen, C.J. (Owen, Dennis, Southwick), sufficiency of evidence, jurisdiction, Lanham Act, tortious interference, civil conspiracy Affirming in part and reversing in part district court judgment based on jury verdict on cross-claims between two internet advertising ventures arising from auctions for Google ad placement … More Take the Fifth: Feb. 26, 2021 opinions

Take the Fifth: Feb. 24, 2021 opinions

February 25, 2021

Designated for publication U.S. v. Nora, 18-31078, appeal from E.D. La. Higginson, J. (Higginbotham, Jones, Higginson), criminal, sufficiency of evidence Reversing convictions and vacating sentence on counts of conspiracy to commit health care fraud, conspiracy to pay or receive illegal health care kickbacks, and aiding and abetting health care fraud, on holding that there was … More Take the Fifth: Feb. 24, 2021 opinions

Take the Fifth: Feb. 17, 2021 opinions

February 18, 2021

Designated for publication Echeverry v. Jazz Casino Co., 20-30038, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Wilson), negligence, damages, sufficiency of evidence On petition for rehearing, withdrawing January 11 panel opinion and replacing with new opinion with same outcome: Affirming district court’s denial of defendant’s motion for judgment as a matter of law and … More Take the Fifth: Feb. 17, 2021 opinions

Take the Fifth: Feb. 10 and 11, 2021 opinions

February 12, 2021

Designated for publication Adams v. All Coast, LLC, 19-30907, appeal from W.D. La. Clement, J. (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Reversing summary judgment in favor of employer on employees’ FLSA overtime claims, on holding that district court erred in classifying the employees, who operated cranes on employer’s liftboats, a seamen who … More Take the Fifth: Feb. 10 and 11, 2021 opinions

Take the Fifth: Feb. 1 and 2, 2021 opinions

February 3, 2021

Designated for publication Tibakweitira v. Wilkinson, 18-60459, petition for review of BIA order Engelhardt, J. (Haynes, Duncan, Engelhardt), immigration Dismissing in part and denying in part Tanzanian citizen’s petitions for review of a BIA order dismissing his appeal from the IJ decision denying his application for withholding of removal and protection under the Convention Against … More Take the Fifth: Feb. 1 and 2, 2021 opinions