Take the Fifth: Jan. 25 and 26, 2021 opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Coto-Mendoza, 20-10451, appeal from N.D. Tex.
    • Haynes, J. (Haynes, Duncan, Engelhardt), criminal, sentencing
    • Affirming 37-month prison sentence on guilty plea of illegal reentry, finding that district court’s sentence was not procedurally unreasonable on the basis of the district court’s explanation of its sentencing decision.
    • Defendant, an El Salvadoran citizen, had been deported from the United States to El Salvador four times at the time of his arrest for illegal reentry. At that time, he had also been convicted in the U.S. for theft, assault, and various alcohol-related offenses. At sentencing, the district court adopted the factual findings in the presentencing report, which made note of defendant’s criminal history and recommended a guidelines range of 37-46 months. The district court also entered written reasons for the sentence, noting that the sentence was not greater than that sufficient to achieve sentencing objectives oof deterrence, punishment, and protection of the public; and that, even if the guidelines calculation were incorrect, it would impose the same sentence.
    • Defendant argued that the district court did not adequately explain its rejection of his counsel’s argument for a below-guidelines sentence. First, the Court held that it need not apply a review standard beyond plain-error review to an unpreserved objection of procedural unreasonableness. The Court then held that, while the district court’s reasoning was brief, it was not inadequate, as it indicated “that it gave some thought to the matter.”

Unpublished

  • U.S. v. Riojas-Flores, 19-20842, appeal from S.D. Tex.
    • per curiam (Davis, Stewart, Dennis), criminal, sentencing
    • Affirming in part and vacating in part sentence following guilty plea conviction of illegal reentry by a previously deported alien after a felony conviction, remanding sentence to the district court to be reformed in conformity with the oral pronouncement as to the third and fourth special conditions.
  • U.S. v. White, 19-40229, appeal from E.D. Tex.
    • per curiam (Dennis, Southwick, Ho), habeas corpus
    • Denying petition for panel rehearing, but withdrawing prior panel opinion and issuing revised opinion revising but still affirming the district court’s denial of § 2255 petition.
  • Terrell v. Lumpkin, 19-40678, appeal from S.D. Tex.
    • per curiam (Stewart, Graves, Higginson), habeas corpus
    • Denying request for COA from district court’s denial of habeas petition.
  • Islam v. Wilkinson, 19-60627, petition for review of BIA order
    • per curiam (King, Smith, Wilson), immigration
    • Denying in part and dismissing in part petition for review of BIA dismissal of appeal of IJ denial of application for asylum, withholding of removal, and Convention Against Torture.
  • U.S. v. Padilla, 20-10436, appeal from N.D. Tex.
    • per curiam (Jones, Barksdale, Stewart), criminal, guilty plea
    • Affirming conviction on finding that district court implicitly accepted guilty plea.
  • U.S. v. Petty, 20-10737, appeal from N.D. Tex.
    • per curiam (King, Smith, Wilson), criminal, sentencing
    • Granting summary affirmance of district court’s order on resentencing.
  • U.S. v. Obregon, 20-20017, appeal from S.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), criminal, sentencing
    • Dismissing appeal of 54-month prison sentence on guilty plea to possessing with the intent to distribute 100 grams or more of heroin.
  • U.S. v. Chaney, 20-20054, appeal from S.D. Tex.
    • per curiam (Davis, Elrod, Oldham), criminal
    • Granting Anders motion to withdraw and dismissing appeal.
  • U.S. v. Nash, 20-20080, appeal from S.D. Tex.
    • per curiam (Owen, Graves, Ho), criminal, supervised release
    • Affirming district court’s imposition of special conditions to term of supervised release.
  • U.S. v. Luna, 20-50253, appeal from W.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), criminal, sentencing
    • Affirming 210-month sentences for conspiring to possess with intent to distribute and to distribute methamphetamine and cocaine.
  • U.S. v. Rico-Luna, 20-50500, appeal from W.D. Tex.
    • per curiam (Dennis, Costa, Engelhardt), criminal
    • Granting Anders motion to withdraw and dismissing appeal.