January 17-18, 2022, opinions

Designated for publication U.S. v. Gomez, 17-20526, appeal from S.D. Tex. per curiam (Smith, Elrod, Oldham), criminal, sentencing On remand from the U.S. Supreme Court, remanding to the district court to reform the judgment to impose sentence under 8 U.S.C. § 1326(b)(1) (applicable to predicate non-aggravated felonies) rather than under 8 U.S.C. § 1326(b)(2) (applicable … More January 17-18, 2022, opinions

January 7, 2022, opinions

Designated for publication U.S. v. Fuentes-Rodriguez, 15-40740, appeal from S.D. Tex. per curiam (King, Costa, Willett), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, vacating district court’s sentencing of defendant on conviction of illegal reentry under the ACCA, where the district court had found that the defendant’s prior conviction of … More January 7, 2022, opinions

January 6, 2022, opinions

Designated for publication Seguin v. Remington Arms Co., 17-30499, appeal from E.D. La. Southwick, J. (Owen, Dennis, Southwick), Dennis, J., dissenting; products liability, jurisdiction Certifying question to the Louisiana Supreme Court of whether plaintiff’s products liability claim against gun manufacturer arising from injury from accidental discharge of her father’s hunting rifle on a hunting trip … More January 6, 2022, opinions

December 20-29, 2021, opinions

Designated for publication U.S. v. Greer, 19-11348, appeal from N.D. Tex. Stewart, J. (Higginbotham, Stewart, Wilson), criminal, sentencing, Armed Career Criminal Act On remand from U.S. Supreme Court, vacating sentence under the ACCA to 120 months on guilty-plea conviction of being a convicted felon in possession of a firearm, and remanding for resentencing. In Borden … More December 20-29, 2021, opinions

December 10-14, 2021, opinions

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

November 22-29, 2021, opinions

Designated for publication Coleman v. BP Exploration & Production, Inc., 20-40811, appeal from S.D. Tex. Willett, J. (Higginbotham, Willett, Duncan), negligence, independent contractor Affirming summary judgment dismissal of claims against project management company (BP) and against day-to-day management company (Grand Isle Shipping), on claims of employee of scaffolding subcontractor arising from plaintiff’s back injury received … More November 22-29, 2021, opinions

November 16, 2021, opinions

Unpublished VanBuren v. Spoon, 20-30662, appeal from W.D. La. per curiam (Davis, Jones, Elrod), § 1983, timeliness Dismissing appeal from dismissal of § 1983 claims, on basis that constructive notice of appeal was untimely. U.S. v. Escobedo, 20-40565, appeal from S.D. Tex. per curiam (Barksdale, Costa, Engelhardt), criminal, supervised release Affirming revocation of supervised release … More November 16, 2021, opinions

October 20, 2021, opinions

Designated for publication U.S. v. Martinez, 20-50984, appeal from W.D. Tex. Costa, J. (King, Costa, Ho), criminal, sentencing, supervised release Granting Anders motion to appointed defense counsel to withdraw as no non-frivolous grounds for appeal exist, but specifically addressing why there is not a non-frivolous argument that the orally pronounced terms of supervised release did … More October 20, 2021, opinions

October 19, 2021, opinions

Designated for publication Talasek v. National Oilwell Varco, L.P., 21-20069, appeal from S.D. Tex. Clement, J. (Owen, Clement, Duncan), insurance, ERISA Affirming summary judgment in favor of defendant employer in its capacity as the ERISA administrator of the plaintiff’s deceased husband, dismissing the plaintiff’s estoppel claim for life insurance proceeds following her husband’s death. The … More October 19, 2021, opinions

October 6, 2021 opinions

Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions