United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 12, 2007
Charles R. Fulbruge III
Clerk
No. 06-40996
Summary Calendar
DAVID CARPENTER,
Plaintiff-Appellee.
versus
TYLER INDEPENDENT SCHOOL DISTRICT,
Defendant-Appellant,
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:05-CV-124
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
The district court did not abuse its discretion in awarding
Carpenter front-pay damages, even though the court declined to
award back-pay damages because of Carpenter’s failure to mitigate
those back-pay damages. See Giles v. General Electric Co., 245
F.3d 489, 490 (5th Cir. 2001); DeLoach v. Delchamps, Inc., 897 F.2d
815, 822-33 (5th Cir. 1990). And, given its broad equitable powers
in USERRA cases, 38 U.S.C. § 4323(e); Coffy v. Republic Steel
*
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this opinion should not be published and is not precedent except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.
No. 06-40996
-2-
Corp., 447 U.S. 191, 196 (1980), the district did not abuse its
discretion in awarding one year’s salary without considering
Carpenter’s prospective $7-per-hour future income. Consequently,
the court did not err in awarding Carpenter attorneys’ fees. 38
U.S.C. § 4323(h)(2); Buckhannon v. Bd. and Care Home, Inc. v. West
Va. Dep’t of Health & Human Resources, 532 U.S. 598, 602 (2001).
In his brief, Carpenter attempts to cross-appeal the district
court’s upholding the jury’s finding of no damages, but Carpenter
never filed a notice of appeal, hence we cannot entertain his
argument. FED. R. APP. P. 4(a)(3); see, e.g., Positive Black Talk,
Inc. v. Cash Money Records, Inc., 394 F.3d 357, 365 n.5 (5th Cir.
2004).
AFFIRMED.