Tag: sufficiency of evidence

July 25, 2025, opinions

July 28, 2025

Unpublished decisions per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Jones, Oldham), criminal Affirming conviction of possession of a stolen firearm. per curiam (Higginbotham, Jones, Oldham), criminal, new trial Affirming denial of … More July 25, 2025, opinions

July 17, 2025, opinions

July 18, 2025

Designated for publication Higginson, J. (Graves, Higginson, Wilson), Age Discrimination in Employment Act, sec. 1983 Affirming dismissal of ADEA claim for failure to exhaust and to respond to a timeliness challenge, and dismissal of sec. 1983 claim for failure to plead a protected property interest in at-will employment. Jose E. Amstutz, a former Harris County … More July 17, 2025, opinions

July 11, 2025, opinions

July 14, 2025

Designated for publication Smith, J. (Smith, Graves, Duncan), Equal Protection Clause, Title VI, mootness Affirming dismissal of challenge to University of Texas’s pre-Harvard policy as moot, reversing mootness dismissal of challenge to post-Harvard policy, and remanding for further proceedings. The Fifth Circuit considered whether UT’s revised admissions practices complied with the Supreme Court’s 2023 ruling … More July 11, 2025, opinions

June 5, 2025, opinions

June 6, 2025

Designated for publication Stewart, J. (Stewart, Clement, Willett), criminal, sufficiency of evidence, restitution Affirming conviction of operator of compound pharmacy for receiving illegal kickbacks as part of a conspiracy to induce physicians to prescribe highly lucrative prescriptions, and affirming restitution award. Xpress Compounding was a pharmacy focused on maximizing profits through pain cream prescriptions billed … More June 5, 2025, opinions

May 21, 2025, opinions

May 22, 2025

Designated for publication U.S. v. West, 22-11001, appeal from N.D. Tex. (denying panel reh’g but substituting new op.) per curiam (Elrod, Willett, Duncan), Willett, J., concurring; Duncan, J., concurring; criminal, sentencing, restitution, appeal waiver Vacating $6,000 restitution order as part of sentence for production of child pornography, and remanding for further proceedings; also, on Court’s … More May 21, 2025, opinions

April 29, 2025, opinions

April 30, 2025

Opinions designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), criminal, sentence reduction Affirming denial of motion for sentence reduction. Higginson, J. (Smith, Higginson, Douglas), criminal, sentencing, sufficiency of evidence Affirming convictions and sentences for conspiracy to import and importation of methamphetamine. Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentencing Affirming sentence on conviction of … More April 29, 2025, opinions

April 25, 2025, opinions

April 26, 2025

Opinions designated for publication Richman, J. (King, Richman, Higginson), prisoner suit, Eighth Amendment, appointment of counsel Vacating dismissal of plaintiff’s Eighth Amendment claims arising from denial of effective care for chronic hepatitis C virus, vacating denial of motion for appointment of counsel, and remanding for appointment of counsel and leave to amend complaint. The Court … More April 25, 2025, opinions

February 27, 2025, opinions

February 28, 2025

Unpublished per curiam (Graves, Willett, Wilson), criminal Affirming conviction of possession of a firearm by a felon. Richman, J. (Stewart, Richman, Haynes), criminal, sufficiency of evidence Affirming conviction of making a false statement to a bank. per curiam (Smith, Clement, Duncan), employment Affirming summary judgment against plaintiff, upholding ruling that restrictive covenants in Employee Service … More February 27, 2025, opinions

February 3-4, 2025, opinions

February 11, 2025

Designated for publication per curiam (Elrod, Dennis, Higginson), habeas corpus, Armed Career Criminal Act Vacating dismissal of § 2255 petition challenging ACCA-enhanced sentencing, on the basis that a new decision from the Texas Court of Criminal Appeals that abrogated prior Fifth Circuit precedent that Texas-law robbery by threat and aggravated robbery by threat qualified as … More February 3-4, 2025, opinions

January 15-16, 2025, opinions

January 17, 2025

Designated for publication Elrod, C.J. (Elrod, Dennis, Higginson), criminal, sentencing, sufficiency of evidence Affirming conviction and 36-month sentence for wire fraud arising from fraudulent loan scheme involving the Paycheck Protection Program, but remanding for correction of a clerical error in the judgment. Wilson, J. (Jolly, Graves, Wilson), criminal, sentencing Vacating sentence based on enhancement for … More January 15-16, 2025, opinions