September 9, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Rose, 20-10463, appeal from N.D. Tex.
    • per curiam (Higginbotham, Southwick, Engelhardt), criminal, search and seizure
    • In interlocutory appeal, reversing district court’s grant of motion to suppress, and remanding for further proceedings.
    • The Court held that the district court erred in finding that there was no reasonable suspicion for the investigatory stop that led to the search of the defendant’s car and person and the statements made by the defendant during the stop. The Court found that there were sufficient indicia of reliability in the information from a 911 caller that led to the investigatory stop.
  • Agustin-Matias v. Garland, 21-60288, petition for review of BIA order
    • Wilson, J. (Jones, Ho, Wilson), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order dismissing his appeal of an immigration judge’s (IJ) denial of his application for cancellation of removal.
    • The Court rejected the petitioner’s argument that the BIA erred in concluding that he had failed to demonstrate that his stepchildren were U.S. citizens and, therefore, “qualifying relatives” for purposes of his application.

Unpublished

  • U.S. v. Newton, 19-11196, appeal from N.D. Tex.
    • per curiam (Barksdale, Higginson, Ho), habeas corpus
    • Affirming denial of § 2255 petition.
  • U.S. v. Calderon-Portillo, 21-11097, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gollihugh, 21-11132, appeal from N.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, sentencing
    • Affirming 84-month sentence on conviction of possession of an unregistered firearm.
  • U.S. v. Aguirre-Garcia, 21-20666, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Medina-Rodriguez, 21-50981, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Johnson, 21-51189, appeal from W.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), criminal, sentencing
    • Affirming 36-month sentence on revocation of supervised release.
  • U.S. v. Phanyavong, 22-10152, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia-Gonzalez, 22-40141, appeal from S.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.