Designated for publication
- Texas v. Rettig, 18-10545, appeal from N.D. Tex.
- per curiam (Barksdale, Haynes, Willett), Ho, J., dissenting (joined by Jones, Smith, Elrod, Duncan, JJ.); nondelegation doctrine
- Denying petition for rehearing en banc (Chief Judge Owen and Judges Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Willett, Engelhardt, and Wilson voting against rehearing).
- Judge Ho dissented, opining that the rejection of the nondelegation doctrine impaired the Founders’ conception of bicameralism and nondelegation of legislative authority to the executive branch (and, indeed, to private entities).
- U.S. v. Deckert, 19-40292, appeal from E.D. Tex.
- Ho, J. (Dennis, Southwick, Ho), Dennis, J., dissenting in part; criminal, sentencing
- Affirming application of reckless endangerment sentencing enhancement where the reckless endangerment of others while fleeing a crime involved a crime for which the defendant was not convicted but that was part of the same common scheme or plan with the offenses for which he was convicted and was thus a “groupable” offense.
- Judge Dennis dissented. “The flight adjustment was based on an incident that occurred when a Lumberton, Texas city police officer sought to arrest Deckert for a traffic violation on February 10, 2018. Because the flight did not have a nexus to Deckert’s ‘offense of conviction’ of possessing methamphetamines and firearms on a separate date, February 6, 2018, near Silsbee, Texas the adjustment was not permissible under the United States Sentencing Guidelines.”
Unpublished
- Brown v. City of Houston Police, 19-20699, appeal from S.D. Tex.
- per curiam (King, Smith, Wilson), § 1983
- Affirming dismissal of former pretrial detainee’s claims against police department for failure to state a claim.
- Ibenyenwa v. Texas Board of Criminal Justice, 19-40894, appeal from E.D. Tex.
- per curiam (Haynes, Willett, Ho), prisoner suit
- Affirming denial of prisoner’s motions for preliminary injunction.
- Pierce v. Collier, 19-40922, appeal from E.D. Tex.
- per curiam (Davis, Stewart, Dennis), prisoner suit
- Affirming dismissal of prisoner suit for failure to state a claim, alleging failure to protect from attack by another inmate.
- U.S. v. Lazama-Sierra, 19-51006, appeal from W.D. Tex.
- per curiam (Graves, Willett, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Faruk v. Garland, 19-60709, petition for review of BIA order
- per curiam (Jolly, Elrod, Graves), immigration
- Denying Bangladeshi citizen’s petition for review of BIA and IJ negative credibility determination made against him in his immigration proceedings.
- Green v. Rivers, 19-60754, appeal from S.D. Miss.
- per curiam (Haynes, Willett, Ho), habeas corpus
- Affirming dismissal of § 2241 petition.
- Paz-Fernandez v. Garland, 19-60915, petition for review of BIA order
- per curiam (Davis, Stewart, Dennis), immigration
- Denying Honduran citizens’ petition for review of BIA order dismissing their appeal of an Immigration Judge’s (IJ) denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture.
- U.S. v. Rakestraw, 20-10181, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Higginson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Bibbs, 20-10255, appeal from N.D. Tex.
- per curiam (Dennis, Costa, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Donaldson, 20-10406, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Higginson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Murillo, 20-10473, appeal from N.D. Tex.
- per curiam (Clement, Higginson, Engelhardt), criminal, sentencing
- Affirming 210-month sentence for conspiracy to possess with intent to distribute a controlled substance, namely, a mixture and substance containing a detectable amount of methamphetamine.
- U.S. v. Mora, 20-10540, appeal from N.D. Tex.
- per curiam (Davis, Stewart, Dennis), criminal, sentencing
- Affirming 180-month sentence for conviction of conspiring to possess with intent to distribute a controlled substance.
- U.S. v. Watson, 20-10806, appeal from N.D. Tex.
- per curiam (King, Southwick, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Pipkin, 20-10809, appeal from N.D. Tex.
- per curiam (Haynes, Willett, Ho), criminal, sentencing
- Affirming 162-month sentence on conviction for conspiracy to possess 50 grams or more of methamphetamine with intent to distribute.
- U.S. v. Andrade-Lopez, 20-20022, appeal from S.D. Tex.
- per curiam (Dennis, Costa, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Calhoun v. City of Houston Police Department, 20-20311, appeal from S.D. Tex.
- per curiam (Davis, Stewart, Dennis), § 1983
- Affirming dismissal of pro se § 1983 claims against various police officers and police department for insufficient service of process and for failure to state a claim.
- U.S. v. Colbert, 20-30134, appeal from W.D. La.
- per curiam (Graves, Willett, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal
- Hamilton v. Grooms, 20-30484, appeal from M.D. La.
- per curiam (Dennis, Southwick, Engelhardt), prisoner suit
- Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 action.
- U.S. v. Villarreal-Leal, 20-40698, appeal from S.D. Tex.
- per curiam (King, Southwick, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Vallare, 20-50433, appeal from W.D. Tex.
- per curiam (Jolly, Elrod, Graves), criminal, sentencing
- Granting summary affirmance of 240-month sentence for two counts of distribution of child pornography, one count of receipt of child pornography, and two counts of possession of child pornography.
- U.S. v. Leon, 20-50492, appeal from W.D. Tex.
- per curiam (Davis, Stewart, Dennis), criminal, search and seizure
- Affirming conviction on conditional guilty plea to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, upholding district court’s denial of motion to suppress.
- U.S. v. Gallegos-Ortiz, 20-50617, appeal from W.D. Tex.
- per curiam (Haynes, Willett, Ho), criminal, sentencing
- Affirming 60-month, above-Guidelines sentence imposed on revocation of supervised release.
- Rios v. Garland, 20-60713, petition for review of BIA order
- per curiam (Higginbotham, Smith, Oldham), immigration
- Dismissing in part and denying in part petition for review of BIA order dismissing appeal of an immigration judge’s (“IJ”) denial of his motion to reopen removal proceedings and cancel removal.
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