September 1, 2022, opinions

Designated for publication

  • U.S. v. Hernandez, 22-50263, appeal from W.D. Tex.
    • Engelhardt, J. (King, Duncan, Engelhardt), criminal, sentencing
    • Affirming application of enhancement for intentionally or recklessly creating a risk of death or serious bodily harm to another person to sentence defendant to 27 months on conviction of transporting illegal aliens for financial gain. Court had vacated prior sentence using that enhancement, on the basis that the record before the district court did not support the enhancement, and remanded without further instructions. On remand, the district court had allowed the government to introduce additional evidence in support of the enhancement, and then applied the enhancement again.
    • The Court held that the district court did not err in allowing the government to introduce new evidence on remand; and that the new evidence supported application of the enhancement.

Unpublished

  • Parada v. Garland, 19-60425, petition for review of BIA order
    • per curiam (King, Duncan, Engelhardt), immigration
    • Granting Salvadoran citizens’ petition for review of BIA order denying their motion to reopen removal proceedings to allow them to apply for cancellation of removal.
  • Rodriguez v. Garland, 20-60332, petition for review of BIA order
    • Graves, J. (Stewart, Elrod, Graves), immigration
    • Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order dismissing appeal of IJ denial of motion to reopen removal proceedings.
  • U.S. v. Vera, 21-10096, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Williams, 21-11094, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), habeas corpus
    • Dismissing for lack of jurisdiction appeal from order denying motion to compel defense counsel to surrender case file for preparation of sec. 2255 petition.
  • Love v. Kijakazi, 22-10008, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), social security
    • Affirming denials of motions for a more definite statement and to set aside judgment denying social security benefits.
  • U.S. v. Alexander, 22-10288, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Graham, 22-60084, appeal from N.D. Miss.
    • per curiam (Barksdale, Elrod, Haynes), criminal, sentencing
    • Affirming sentence on revocation of supervised release.