PER CURIAM . * Plaintiff-Appellant Jacqueline Rios ("Rios") appeals the district court's denial of her motion for leave to file a Third Amended Complaint, arguing that the district court abused its discretion under Fed. R. Civ. P. 16(b). We conclude the district court did not abuse its discretion and therefore affirm. Background 1 On July 31, 2013, Rios's 19-year-old son, Russell Rios, was allegedly spotted shoplifting by Wal-Mart employees, who then followed him out of the store....
PER CURIAM . Defendants appeal their convictions for conspiracy to commit health care fraud and several substantive counts of health care fraud. Defendants primarily challenge the sufficiency of the evidence, the court's deliberate ignorance jury instruction, a number of evidentiary rulings, and the enhancements applied to their sentences. We AFFIRM. I. Defendants Dennis Barson, Jr. and Dario Juarez were charged with one count of conspiracy to commit health care fraud under 18 U.S.C....
CARL E. STEWART , Chief Judge : Angel Rodolfo Chavez-Perez ("Chavez-Perez") appeals his 85-month sentence for illegal reentry, arguing that the district court plainly erred by denying him the opportunity to allocute before sentencing. For the following reasons, we AFFIRM. I. BACKGROUND Chavez-Perez, a Mexican national with a lengthy criminal history including multiple theft and assault convictions, was deported in 2013. In 2015, he pleaded guilty to illegal reentry in violation of 8 U....
PER CURIAM . * Following the entry of final judgment in a Chapter 7 adversary proceeding, counsel for Appellants Bryan Netsch and Intense Printing, Inc. filed a notice of appeal after the fourteen-day deadline for filing the notice had passed. Appellants argued before the bankruptcy court that their counsel's error constituted excusable neglect and moved the court to extend the time for filing. The bankruptcy court denied Appellants' motion, and the district court subsequently affirmed. We...
PER CURIAM . * The attorney appointed to represent Jose Toribio Galvan-Gonzalez 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). Galvan-Gonzalez 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...
PER CURIAM . * The attorney appointed to represent Donald Robert Snowden 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). Snowden has filed a response. We have reviewed counsel's brief and the relevant portions of the record reflected therein, as well as Snowden's response. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for...
PER CURIAM . * The court has carefully considered this Fair Labor Standards Act case in light of the briefs and excellent oral arguments, and a thorough review of the record. We conclude that although it is a close question, there are material fact issues concerning (a) whether the defendant maintained accurate and complete time records, (b) whether Nexion knew that the plaintiff was working "off the clock," and (c) whether and to what extent the plaintiff was instructed to and did work "...
CARL E. STEWART , Chief Judge : This case involves a dispute between two waste disposal service entities, Plaintiff-Appellant Republic Waste Services of Texas, Ltd. ("Republic") and Defendant-Appellee Texas Disposal Systems, Inc. ("Texas Disposal"). At issue is a purported conflict between the Texas Health and Safety Code ("the Code") and an exclusive contract for solid waste disposal services entered into by Republic and the city of San Angelo, Texas ("the City"). After a hearing, the...
PER CURIAM . * This appeal has been considered in the light of the briefs and pertinent parts of the record. Based upon that review, the district court's order remanding this matter to the bankruptcy court for further proceedings, Lenamon v. Morris Family P'ship, Civ. Action No. 4:15-CV-570-Y, Doc. 13 (N. D. Tex. 1 March 2016), does not meet the criteria for "final judgments, orders, or decrees", 28 U.S.C. 158(d), as required for an appeal to this court. E.g., In re Yazoo Pipeline Co.,...
E. GRADY JOLLY , Circuit Judge : This appeal arises from a district court's denial of a mitigating role adjustment under U.S. Sentencing Guideline 3B1.2. Because the court's analysis was not clearly erroneous, we AFFIRM. I. On April 27, 2015, Guadalupe Castro and Cynthia Uribe were arrested for transporting six bricks of heroin weighing 5,992 grams in their vehicle, which Castro was driving. In post-arrest interviews, Castro and Uribe admitted to transporting narcotics for a drug...
PER CURIAM . * The judgment of the district court is AFFIRMED. See 5TH CIR. R. 47.6. FootNotes * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
PER CURIAM . * James and Victoria Miller (the Millers) appeal the district court's dismissal of their claims against American Strategic Insurance (American Strategic) and Liggio Insurance Agency (Liggio). We affirm. I The Millers obtained an insurance policy from Liggio that American Strategic had issued pursuant to the National Flood Insurance Program (NFIP). The Millers' house was partially built on piers, leaving a "crawlspace" underneath the floor of the home. While the insurance...
PER CURIAM : In this decades-old school desegregation case, Defendant Tangipahoa Parish School Board (the Board) appeals the district court's order doubling the compensation of Donald Massey, the part-time Court Compliance Officer (CCO) tasked with monitoring the integration efforts of the Tangipahoa Parish School System. Massey, in addition to arguing that we should affirm on the merits, has also moved to dismiss the appeal alleging that we lack jurisdiction. We conclude that we have...
PER CURIAM . * This insurance dispute concerns when the Plaintiff-Appellant Vada De Jongh's cause of action against her homeowner's insurance provider, State Farm Lloyds ("State Farm"), accrued. The parties dispute whether the claim accrued on the date State Farm denied De Jongh's insurance claim or on a subsequent date when State Farm reinspected De Jongh's property and again denied coverage. State Farm moved for summary judgment, arguing that the cause of action accrued as a matter of law...
PER CURIAM : Jose Javier Villafranca appeals his 57-month sentence following his jury-trial conviction for conspiring to transport and transporting undocumented aliens within the United States for financial gain, in violation of 8 U.S.C. 1324(a)(1)(A)(ii), (v)(I) & (B)(i). Villafranca asserts that the district court clearly erred in applying the special skill enhancement under U.S.S.G. 3B1.3 based on his possession of a commercial driver's license. Because there is no constitutional...
PATRICK E. HIGGINBOTHAM , Circuit Judge : These consolidated tax refund suits are the latest in a line of cases stemming from faulty American Agri-Corp ("AMCOR") investments. In the 1980s, Plaintiffs James and Claudette Rodgers, Avrum and Joan Stein, David and Jacque Holland, and Linvel and Vicki Bingham ("Taxpayers"), were partners in AMCOR partnerships that the Internal Revenue Service ("IRS") investigated as shams. 1 Taxpayers settled with the IRS and paid the amounts assessed, but now...
ORDER: The petition for panel rehearing filed by Tesoro Corporation and Tesoro Refining and Marketing (collectively, "the Tesoro Parties") is DENIED. Furthermore, the Tesoro Parties' belated request that this court certify the question of how the discovery rule applies in light of Cosgrove v. Cade, 468 S.W.3d 32 (Tex. 2015), to the Texas Supreme Court is also DENIED. The opinion in this case follows clear Texas precedent. However, even if we were to assume arguendo that the discovery rule...
PER CURIAM . * This is an appeal from the grant of summary judgment in favor of the Appellees, the City of Princeton, Texas, the City of Kyle, Texas, Kyle Police Chief Jeffery Barnett ("Barnett"), and Princeton Police Officer Robert Mitchnik ("Mitchnik"). Appellant Doctor Glen W. Hurlston ("Hurlston") brought this 42 U.S.C. 1983 suit against the Appellees, alleging that Barnett and Mitchnik conspired to violate his federal constitutional rights, that there was a pattern or practice of...
PER CURIAM . * The attorney appointed to represent Sergio Ivan Ortiz Frias 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). Ortiz Frias 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....
PER CURIAM : * The attorney appointed to represent Sergio Maltos-Estrada 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). Maltos-Estrada 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....
