December 9, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Tenorio, 21-50989, appeal from W.D. Tex.
    • Higginson, J. (Wiener, Higginson, Wilson), criminal, search and seizure, sentencing
    • Affirming conviction and 16-month sentence for smuggling bulk cash, and upholding denial of motion to suppress evidence obtained from a border search while defendant attempted enter Mexico from the United States.
    • After being pulled over at the border, officers noticed the defendant acting nervous while a dog was sniffing his vehicle, and had him pull to the side for a secondary search, during which time the dog alerted to the defendant’s boot. Almost $19,000 in cash was found in a bag strapped to the defendant’s foot under his boot; after waiving his Miranda rights, the defendant stated that the cash was derived from alien-smuggling activities.
    • The Court held that the defendant’s arguments that there was a lack of reasonable suspicion to have him pull over for a secondary search or for the dog to sniff his person were “resolved under the border-search exception to the Fourth Amendment warrant requirement. … The border-search exception allows ‘routine’ searches and seizures without individualized suspicion or probable cause.”

Unpublished

  • Howard v. Lumpkin, 21-11283, appeal from N.D. Tex.
    • per curiam (Stewart, Dennis, Willett), prisoner suit
    • Dismissing as frivolous appeal from denial of prisoner’s mandamus petition.
  • Herrera v. Acevedo, 21-20520, appeal from S.D. Tex.
    • per curiam (King, Stewart, Haynes), § 1983, qualified immunity
    • Affirming denial of 12(b)(6) qualified immunity motion in claim against officers arising from arrest of peaceful protestors.
  • U.S. v. Monsivais, 21-51051, appeal from W.D. Tex.
    • per curiam (Jones, Smith, Graves), criminal, sentencing
    • Affirming 360-month sentence on conviction of harboring and transporting illegal aliens resulting in serious bodily injury or death.
  • U.S. v. Cruz-Silva, 21-51250, appeal from W.D. Tex.
    • per curiam (Jolly, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Mbonifor v. Garland, 21-60114, petition for review of BIA order
    • per curiam (Higginbotham, Duncan, Engelhardt), immigration
    • Denying Cameroonian citizen’s petition for review of BIA order denying motion to reopen removal proceedings.
  • Aguado-Cuevas v. Garland, 21-60574, petition for review of BIA order
    • per curiam (King, Stewart, Haynes), immigration
    • Granting Mexican citizen’s petition for review of BIA order affirming IJ decision denying protection under the Convention Against Torture, vacating BIA’s decision, and remanding for further consideration of CAT application.
  • Guicol v. Garland, 21-60592, petition for review of BIA order
    • per curiam (Barksdale, Elrod, Haynes), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order denying motion to reopen immigration proceedings and rescind IJ’s in abesntia deportation order.
  • U.S. v. Munoz-Huerta, 22-10406, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, compassionate release
    • Reversing denial of motion for compassionate release, and remanding for reconsideration.
  • U.S. v. Arroyo-Ramon, 22-10585, appeal from N.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • U.S. v. Aguilar, 22-10587, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Szanyi, 22-50086, appeal from W.D. Tex.
    • per curiam (Jolly, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Chairez-Lopez, 22-50267, c/w 22-50282, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry, and revocation of supervised release.
  • U.S. v. Gandara-Granillo, 22-50343, appeal from W.D. Tex.
    • per curiam (Barksdale, Higginson, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Holguin, 22-50410, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mejia-Leon, 22-50701, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, sentencing
    • Affirming 24-month sentence on conviction of illegal reentry.