- U.S. v. Crittenden, 18-50635, unpublished
- per curiam (Dennis, Elrod, Costa), criminal, sufficiency of evidence
- District Court had granted new trial to defendant convicted of possession with intent to distribute methamphetamines. Fifth Circuit panel withdrew its prior majority and dissenting opinions; and remanded to the District Court to clarify whether it had held that there was insufficient evidence to support a conviction or that, despite sufficiency, evidence preponderated heavily against a guilty verdict.
- Guerrero-Alfaro v. Barr, 19-60374, unpublished
- per curiam (Jones, Barksdale, Stewart), immigration, Convention Against Torture, asylum, withholding of removal
- Dismissing in part and denying in part petitioner’s appeal from Board of Immigration Appeals’ dismissal of appeal from Immigration Judge on petitioner’s claims for asylum, withholding of removal, and protection under the Convention Against Torture. Court held that it had no jurisdiction to review decision that her asylum claim was untimely; that petitioner failed to challenge IJ and BIA conclusion that the social group she claimed was not a cognizable social group eligible for protection; and that she had failed to exhaust administrative remedies as to the new social group she was claiming entitled her to protection.
- Daniels v. Huffman, 19-60841, unpublished
- per curiam (Willett, Ho, Duncan), habeas corpus
- Dismissing appeal for lack of jurisdiction, as the order from which petitioner sought certificate of appealability was actually an order of the Fifth Circuit denying authorization to file successive § 2254 applications.
- U.S. v. Johnson, 20-10149, unpublished
- per curiam (Jones, Clement, Haynes), Anders motion
- Granting defendant’s counsel’s motion to withdraw, and dismissing defendant’s appeal.
- U.S. v. Lopez-Canales, 20-50049, unpublished
- per curiam (Haynes, Willett, Ho), criminal, sentencing
- Per Almendarez-Torres, upholding sentence of defendant for illegal reentry on basis that prior conviction could be used as a sentencing factor even though not an element of the charged crime.
Take the Fifth 