Take the Fifth: Feb. 18, 2021 opinions

Unpublished

  • U.S. v. Wright, 20-10052, appeal from N.D. Tex.
    • per curiam (King, Smith, Wilson), criminal, crime of violence, Fifth Amendment, sentencing
    • Affirming convictions of one defendant for three counts of interference with commerce by robbery and aiding and abetting, two counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence (COV), and aiding and abetting, one count of using or carrying, or aiding and abetting another in using or carrying, a firearm during and in relation to a COV, and one count of possessing a firearm after a felony conviction; and of co-defendant for two counts of interference with commerce by robbery and aiding and abetting, and two counts of using, carrying, and brandishing a firearm during and in relation to a COV and aiding and abetting; and sentences of first defendant to a cumulative prison term of 438 months and co-defendant to a cumulative prison term of 308 months.
    • Court rejected the first defendant’s arguments regarding the Fifth Amendment testimonial privilege invoked by another co-defendant and witness; and the co-defendant’s arguments that Hobbs Act robbery is not a crime of violence, and that the sentencing enhancement for abduction of another to facilitate an escape was inapplicable.
  • Huerta-Cortes v. Wilkinson, 20-60034, petition for review of BIA order
    • per curiam (Clement, Higginson, Engelhardt), immigration
    • Dismissing Mexican citizen’s petition for review of BIA denial of her motion to reopen, for lack of jurisdiction.