January 9, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Stark, 22-40557, appeal from E.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, restitution
    • Affirming the denial of a motion for adjustment of a restitution order, holding that an inmate’s $1400 stimulus payment under the American Rescue Plan Act was not exempt from being applied toward a restitution order.

Unpublished

  • U.S. v. Martinez, 20-50497, appeal from W.D. Tex.
    • per curiam (King, Stewart, Haynes), criminal, guilty plea
    • Affirming conviction of aiding and abetting the production of child pornography, holding that factual basis was sufficient to support guilty plea.
  • U.S. v. Simpson, 21-20564, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sufficiency of evidence
    • Affirming conviction on three drug-related and one gun-related count, finding sufficient evidence to support convictions.
  • New Orleans Equity L.L.C. v. U.S. Specialty Insurance Co., 21-30544, appeal from E.D. La.
    • per curiam (Higginbotham, Jones, Oldham), insurance
    • Affirming summary judgment in favor of insurer on Galatoire’s restaurant’s owner’s claim for coverage of lost revenue during the opening months of the pandemic.
  • Urbano v. Garland, 21-60912, petition for review of BIA order
    • per curiam (Wiener, Elrod, Engelhardt), immigration
    • Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order denying his motion to reopen proceedings.
  • U.S. v. Armijo, 22-10396, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Bazan, 22-40549, appeal from S.D. Tex.
    • per curiam (Elrod, Graves, Ho), criminal, compassionate release
    • Denying motion for leave to proceed IFP in appeal from denial of motion for compassionate release.
  • U.S. v. Escobedo-Aragon, 22-50003, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • B.W. v. Austin Independent School District, 22-50158, appeal from W.D. Tex.
    • per curiam (King, Stewart, Haynes), Haynes, J., concurring in judgment only; Title VI
    • Affirming dismissal of student’s Title VI claims that he was racially harassed at school by faculty and students, holding that the alleged harassment consisted of bullying related to political stances and not because of race.
  • U.S. v. Ortiz-Castillo, 22-50384, c/w 22-50402, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Cejudo-Mancinas, 22-50468, appeal from W.D. Tex.
    • per curiam (Jones, Stewart, Oldham), criminal, sentencing
    • Affirming 30-month sentence on conviction of illegal reentry.
  • U.S. v. Jarquin-Hernandez, 22-50501, appeal from W.D. Tex.
    • per curiam (Jones, Stewart, Oldham), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Martinez-Saucedo, 22-50728, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Palma, 22-50731, c/w 22-50735, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry and revocation of supervised release.
  • Harvey v. U.S. Treasury, 22-50760, appeal from W.D. Tex.
    • per curiam (Haynes, Engelhardt, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of state prisoner’s suit against U.S. Treasury.