August 27, 2021 opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Martinez, 20-11016, appeal from N.D. Tex.
    • Costa, J. (Elrod, Southwick, Costa), criminal, sentencing
    • Vacating sentence on conviction for drug conspiracy, and remanding for resentencing under new calculation of amount of money involved.
    • Defendant owned a tobacco shop, and various drugs and drug paraphernalia were found in the back of his shop, along with $12,000 in cash. “Instead of attributing that cash, at least in part, to Sandoval Martinez’s legitimate tobacco sales or to any of the various other drugs found in the shop, the court treated it entirely as proceeds from cocaine transactions. That resulted in a higher recommended sentencing range than Sandoval Martinez would have otherwise received. He challenges the cash-to-cocaine conversion, arguing that it was error to treat the entire sum as cocaine proceeds. We agree and vacate the sentence.”

Unpublished

  • U.S. v. Osuagwu, 18-11108, appeal from N.D. Tex.
    • per curiam (King, Higginson, Wilson), criminal, sufficiency of evidence
    • Affirming conviction on five counts of bank fraud and one count of conspiracy to commit bank fraud.
  • U.S. v. Olvera-Martinez, 18-40338, appeal from S.D. Tex.
    • per curiam (Smith, Dennis, Duncan), criminal, guilty plea
    • Affirming guilty plea conviction for illegal reentry.
  • Simmons v. Jackson, 19-10904, appeal from N.D. Tex.
    • per curiam (Elrod, Southwick, Costa), personal tort
    • Affirming dismissal of claims of RICO conspiracy, civil conspiracy, and breach of contract against plaintiff’s former attorneys Ray Jackson and Oscar San Miguel, the Texas Medical Board, Methodist Hospital of Dallas, and Barbara Jordan, an attorney for the hospital.
  • Jenkins v. U.S., 20-10041, appeal from N.D. Tex.
    • per curiam (King, Costa, Ho), prisoner suit
    • Affirming dismissal of prisoner’s suit arising from medical care obtained while in custody.
  • U.S. v. Avila, 20-10560, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Costa), criminal, sentencing
    • Affirming 436-month sentence on conviction for conspiracy to possess with intent to distribute a controlled substance.
  • U.S. v. Lopez-Santos, 20-40763, appeal from S.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Myers, 20-50570, appeal from W.D. Tex.
    • per curiam (Stewart, Ho, Engelhardt), criminal, sentencing
    • Affirming 356-month sentence on conviction of conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine and possession with intent to distribute 50 grams or more of actual methamphetamine.
  • U.S. v. Boateng, 20-50630, appeal from W.D. Tex.
    • per curiam (Owen, Smith, Graves), criminal, restitution
    • Affirming amount of restitution on conviction of count of access device fraud.
  • U.S. v. Stewart, 20-50965, appeal from W.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, First Step Act
    • Remanding to district court for sole purpose of entering reasons for the denial of motion for sentence reduction under the First Step Act.
  • Magee v. Perry, 20-60349, appeal from S.D. Miss.
    • per curiam (Stewart, Ho, Engelhardt), prisoner suit
    • Affirming dismissal of prisoner’s 1983 claim arising from medical care.
  • U.S. v. Snodgrass, 20-61148, appeal from S.D. Miss.
    • per curiam (Davis, Jones, Elrod), criminal, compassionate release
    • Affirming denial of motion for compassionate release.