January 17, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Escajeda, 21-50870, appeal from W.D. Tex.
    • Oldham, J. (Higginbotham, Jones, Oldham), Higginbotham, J., concurring; criminal, compassionate release
    • Affirming denial of motion for compassionate release, holding that the defendant’s arguments instead should have been made on direct appeal or in habeas through a § 2255 petition.
    • Defendant had been convicted of three cocaine distribution counts and one count of possession of a firearm by a convicted felon, and sentenced to 162 months. His conviction and sentence were upheld on direct appeal, and five days later the district court denied his motion for compassionate release.
    • The Court held that the “habeas-channeling rule” prevented compassionate release relief on his arguments that his sentence exceeded the statutory maximum and that he had received ineffective assistance of counsel. “Because Escajeda’s claims would have been cognizable under § 2255, they are not cognizable under § 3582(c).”
    • Further, the Court held that, even if cognizable, the district court did not err in denying compassionate release in a perfunctory one-page order.
    • Judge Higginbotham concurred, “to emphasize that nothing in this opinion addressing federal review of a federal case should be read as addressing the respective roles of § 1983 and habeas review of state convictions.

Unpublished

  • U.S. v. Mayweather, 21-30697, appeal from W.D. La.
    • per curiam (King, Higginson, Willett), criminal
    • Affirming convictions for armed bank robbery, conspiring to commit armed bank robbery, and making a false bomb threat, upholding trial court’s admission of testimony about prior robberies.
  • U.S. v. Peters, 22-10149, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming 41-month sentence on conviction of unlawful receipt of a firearm while under indictment.
  • U.S. v. Edwards, 22-10206, appeal from N.D. Tex.
    • per curiam (Barksdale, Elrod, Haynes), criminal, search and seizure
    • Affirming conviction of distribution and receipt of child pornography and possession of child pornography involving a prepubescent minor, upholding evidence seized pursuant to a search warrant that defendant argued was impermissibly vague.
  • U.S. v. Perez-Mendoza, 22-10423, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Douglas), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • U.S. v. Collier, 22-40573, appeal from E.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Lopez-Contreras, 22-50323, appeal from W.D. Tex.
    • per curiam (Jolly, Oldham, Wilson), criminal, sentencing
    • Affirming 50-month sentence on conviction of illegal reentry.
  • U.S. v. Juarez-Medellin, 22-50610, appeal from W.D. Tex.
    • per curiam (Jolly, Oldham, Wilson), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Valdivia-Gonzalez, 22-50626, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Macias-Torres, 22-50660, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.