PER CURIAM . * The plaintiffs appeal the district court's granting Patterson-UTI Drilling Company, L.L.C.'s motion for summary judgment on their WARN Act claims. We find no error and AFFIRM. FACTUAL AND PROCEDURAL BACKGROUND Patterson-UTI is an oil and gas drilling company that has drilling rigs spread throughout the United States. Patterson-UTI provides drilling services to its customers, who are oil and natural gas exploration and production companies. Patterson-UTI and its customers...
PER CURIAM . * The attorney appointed to represent Omar Sharif Cole has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Cole has filed a response. We have reviewed counsel's brief and the relevant portions of the record reflected therein, as well as Cole's response. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate...
PER CURIAM . * The attorney appointed to represent Iran Zavala has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Zavala has not filed a response. We have reviewed counsel's brief and the relevant portions of the record reflected therein. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly,...
PER CURIAM . * The attorney appointed to represent Dennis Michael Roe, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Roe has filed "Objections" to his counsel's motion. The record is not sufficiently developed to allow us to make a fair evaluation of Roe's claim of ineffective assistance of counsel; we therefore decline to consider the claim without...
PER CURIAM . * Kyle Robert Mieth appeals his 220-month, above-guidelines sentence imposed following his guilty plea conviction for conspiracy to possess with intent to distribute a controlled substance. For the first time on appeal, he argues that the district court erred by (1) referencing his prior criminal offenses, including those not resulting in a conviction, when imposing an upward variance and (2) failing to address specifically the mitigating factors offered by Mieth and instead...
PER CURIAM . * Aida Morales-Sucuc de Garcia, on behalf of herself and her four children, petitions for review of the order of the Board of Immigration Appeals ("BIA") denying her motion for reconsideration of its order denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture. Morales-Sucuc de Garcia asserts that the BIA abused its discretion in denying reconsideration. She contends that a "nuclear family can constitute a particular...
PER CURIAM . * Plaintiff Lesly Gatheright appeals the dismissal of his claims against several Mississippi state and county actors stemming from his arrest and indictment on two charges of felony bad check. We have carefully considered this appeal in light of the parties' briefs and pertinent portions of the record. Having done so, we find no error in the district court's dismissal of the claims. The district court's judgment is AFFIRMED for essentially the same reasons articulated by that...
JAMES E. GRAVES , Circuit Judge : This case involves several issues of Texas law relating to an insurer's duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the insured. The insurer and the insured now cross-appeal from...
PER CURIAM . * Marivel Moreno Hernandez and her son Yael Chavez Moreno petition for review of the decision of the Board of Immigration Appeals (BIA) following the denial by the immigration judge of her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We review the denial of relief for substantial evidence. Chen v. Gonzales, 470 F.3d 1131 , 1134 (5th Cir. 2006). Substantial evidence supports the finding that Moreno Hernandez was not...
PRISCILLA R. OWEN , Circuit Judge : Perry Allen Austin was convicted of capital murder in Texas state court and sentenced to death. The Texas Court of Criminal Appeals affirmed the trial court's judgment and subsequently dismissed Austin's state habeas petition as untimely. Austin filed a federal habeas petition. The federal district court granted summary judgment for the State and denied a certificate of appealability (COA). This court granted Austin a COA on fourteen of his twenty-one...
PER CURIAM . * This appeal arises from the approval of a bankruptcy proceeding's Settlement Agreement and class certifications. While this appeal was pending, the bankruptcy court entered a chapter 11 confirmation order, effectuating the Settlement Agreement. For the following reasons, the Pillar Funds's appeal is dismissed as moot. I Life Partners, Inc. ("LPI") was a wholly-owned subsidiary of Life Partners Holdings, Inc. ("LPHI"). LPI acquired, marketed, and sold investment products...
PER CURIAM . * Eduardo Rocha, Sr., appeals his conviction for two counts of conspiracy to commit hostage taking and his concurrent sentences of life imprisonment. Rocha argues that the evidence was insufficient to support his convictions for conspiring to commit hostage taking because the Government did not prove that he detained the illegal aliens against their will. Rocha did not move for a judgment of acquittal during or at the conclusion of the trial; therefore, review is for plain...
PER CURIAM . * Rogelio Morin Velaquez, a native and citizen of Mexico, seeks review of a Board of Immigration Appeals (BIA) order denying his request for a discretionary waiver of inadmissibility under 212(h) of the Immigration and Nationality Act (INA). Finding no error, we DENY the petition for review in part and DISMISS in part. I Morin became a lawful permanent resident in 2007. In 2012, he was convicted of manslaughter in Texas. His conviction arose from a 2010 car accident in...
PER CURIAM . * Juan Geraldo Arredondo appeals from his judgment of conviction and sentence following his guilty plea to participating or assisting in a riot at a federal prison. Arredondo challenges the district court's guidelines sentence range calculation, arguing that there was insufficient reliable evidence to support an increase in his base offense level. The Government moves to dismiss the appeal or, alternatively, for summary affirmance based on the appeal waiver in Arredondo's plea...
PER CURIAM . * Hortencia Medeles-Arguello was convicted by a jury of conspiring to commit sex trafficking, conspiring to harbor illegal aliens for purposes of commercial advantage and private financial gain, three counts of money laundering, and conspiring to commit money laundering. She was sentenced to a total term of life in prison. We review Medeles-Arguello's preserved challenges to the sufficiency of the evidence supporting her convictions for conspiring to commit sex trafficking and...
STEPHEN A. HIGGINSON , Circuit Judge : ThermoTek, Inc. convinced a jury that Mike Wilford and his companies engaged in unfair competition and fraud in violation of Texas law. The district court, however, granted judgment as a matter of law to the defendants, concluding that federal law preempted the unfair competition claim and that ThermoTek failed to prove its damages for fraud. We affirm. I. ThermoTek designs, manufactures, and sells the VascuTherm system, which consists of a medical...
PER CURIAM . * In 2004, Aristeo Sanchez was convicted in a Texas state court of possession of cocaine. Sanchez was removed to Mexico based on his commission of the offense, which was deemed both an aggravated felony and a controlled-substance offense. Nine years later, in 2013, Sanchez filed a motion to reopen the removal proceedings based on the Supreme Court's decision in Lopez v. Gonzales, 549 U.S. 47 (2006). Sanchez was denied relief, and his petition for review in this court was...
PER CURIAM . * Rodney Tow, Chapter 7 Trustee ("Trustee") for ATP Oil & Gas Corporation's ("ATP") bankruptcy, appeals the district court's dismissal of his claims against ATP's officers ("Officers") 1 and outside directors ("Directors"). 2 The Trustee asserts that the district court erred in dismissing his breach of fiduciary duty claims, fraudulent transfer claims, and related civil conspiracy and aiding and abetting claims. The Trustee also asserts that the district court abused its...
PER CURIAM . * Anil Kumar petitions this court for review of the order of the Board of Immigration Appeals (BIA) dismissing his appeal from the decision of the Immigration Judge (IJ) denying him asylum, withholding of removal, and Convention Against Torture (CAT) relief. Because the BIA relied upon the IJ's decision, this court reviews both the IJ's decision and the order of the BIA. See Wang v. Holder, 569 F.3d 531 , 536 (5th Cir. 2009). Kumar does not brief the BIA's denial of CAT...
PER CURIAM . * Magaly Malagon Sandoya appeals her conviction of, and sentence for, conspiracy to encourage and induce aliens to come to the United States for financial gain, causing serious bodily injury. In a plea agreement, she agreed to waive her right to appeal the sentence "on any ground, including but not limited to any challenges to the determination of any period of confinement, monetary penalty or obligation, term of supervision and conditions thereof, and including any appeal...
