Designated for publication U.S. v. Williams, 20-40157, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), criminal, restitution Affirming restitution award of more than $2 million for defendant on guilty plea conviction of four counts of wire fraud involving purported sales of cattle in which defendant absconded with the money without producing the cattle. “The … More Take the Fifth: April 14, 2021 opinions
Designated for publication U.S. v. Burney, 20-10529, appeal from N.D. Tex. Smith, J. (King, Smith, Haynes), criminal, sentencing Affirming 60-month sentence on guilty plea to wire fraud. The presentence report recommended a guideline range of 12-18 months, “[b]ased on the severity of the offense, Burney’s acceptance of responsibility, and his criminal history,” but the district … More Take the Fifth: March 29-31, 2021 opinions
Designated for publication Playa Vista Conroe, a Condominium Association v. Insurance Co. of the West, 20-20307, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), insurance Affirming summary judgment holding insurer liable for coverage of Hurricane Harvey damage to boat slips suffered by condo association when the Lake Conroe Dam was opened by the San … More Take the Fifth: March 5, 2021 opinions
Designated for publication U.S. v. Clark, 19-10186, appeal from N.D. Tex. Costa, J. (Higginbotham, Costa, Oldham), criminal, garnishment Affirming district court’s garnishment order on defendant’s brokerage account and IRA account funds, as not being “income” necessary to comply with child support orders. After examining the distinction between “income” and “assets,” the Court held that “the … More Take the Fifth: March 4, 2021 opinions
Designated for publication Lucio v. Lumpkin, 16-70027, appeal from S.D. Tex. 115 pages of opinions: Oldham, J., plurality op. of Court (joined by Owen, Jones, Smith, Ho, Duncan, Engelhardt, JJ.); Southwick, J., concurring (joined by Costa, Willett, JJ.); Higginbotham, J., dissenting; Elrod, J., dissenting (joined by Higginson, J.); Haynes, J., dissenting (joined by Higginbotham, Stewart, … More Take the Fifth: Feb. 9, 2021 opinions
Designated for publication U.S. v. Medel-Guadalupe, 19-40901, appeal from S.D. Tex. per curiam (Jones, Haynes, Ho), criminal, sentencing, supervised release Withdrawing opinion issued on Oct. 27, 2020, and entering new opinion, affirming sentence of 120 months’ imprisonment and three years’ supervised release for guilty plea to one count of harboring illegal aliens, and consecutive sentence … More Take the Fifth: Feb. 8, 2021 opinions
Unpublished U.S. v. Higgins, 19-10885, appeal from N.D. Tex. per curiam (Higginbotham, Jones, Costa), criminal, sentencing, supervised release Affirming special conditions as part of supervised release sentence the district court’s order to participate in treatment for substance dependency, to contribute to the cost of that treatment, and to abstain from the use of alcohol and … More Take the Fifth: Feb. 4, 2021 opinions
Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 opinions
Designated for publication Knight v. Kirby Offshore Marine Pacific, LLC, 19-30756, appeal from E.D. La. Barksdale, J. (Barksdale, Elrod, Ho); Ho., J., concurring; Elrod, J., dissenting; Jones Act, contributory negligence Affirming in part and vacating in part district court judgment that defendant employer was negligent for vessel captain ordering seaman plaintiff to replace stern line … More Take the Fifth: Dec. 17, 2020 opinions
Designated for publication U.S. v. Cano, 19-11297, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, sentencing, supervised release Affirming sentence of consecutive 24-month imprisonment terms for violating terms of supervised release. Defendant had left the jurisdiction during his supervised release without informing his probation officer, to return to Mexico and assist his ex-wife … More Take the Fifth: Dec. 2, 2020 opinions
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