Unpublished U.S. v. Lara-Benito, 19-41002, appeal from E.D. Tex.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
Unpublished U.S. v. Medina, 18-10266, appeal from N.D. Tex. per curiam (Higginbotham, Jones, Costa), criminal, sentencing Affirming 360-month sentence and supervised release on guilty plea conviction to conspiracy to possess with intent to distribute a controlled substance. Leal v. Magic Touch Up, Inc., 19-10467, appeal from N.D. Tex. Owen, C.J. (Owen, Southwick, Oldham), Fair Labor … More Take the Fifth: April 16, 2021 opinions
Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions
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
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
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
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
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
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
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
