February 3, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • In re Andry, 22-30231, appeal from E.D. La.
    • Willett, J. (Stewart, Willett, Oldham), attorney discipline
    • Granting petition for panel rehearing; withdrawing opinion from November 29, 2022, that had reversed in part, affirmed in part, and remanded from en banc district court’s order of a one-year ban from practice in front of the Eastern District of Louisiana for attorney in BP Deepwater Horizon oil-spill litigation who had been accused of funneling money to a settlement program staff attorney through improper referral payments; and substituting new opinion with the same ultimate result.
    • The Court held that Rule 1.5(e) of the Louisiana Rules of Professional Conduct, prohibiting the sharing of attorneys’ fees in certain circumstances, was ambiguous as to whether its prohibitions would apply to payments between successive attorneys on a representation. Because an attorney suspension is deemed to be quasi-criminal in character, the Court held that the rule of lenity should have applied and restrained the district court from finding a violation of Rule 1.5(e).
    • Because a violation of Rule 8.4(a), for assisting another in violation of the rules, depends on the underlying finding of a violation of Rule 1.5(e), the Court held that the district court also erred in basing a sanction on violation of Rule 8.4(a).
    • The Court held, however, that the district court correctly found a violation of Rule 8.4(d), which prohibits an attorney from engaging in conduct prejudicial to the administration of justice, because “[t]he [settlement program] had explicit rules restricting staff from holding any financial interests in CSSP claims and requiring staff to avoid even the appearance of a conflict of interest or loss of impartiality concerning their duties.”
    • The Court then held that the district court was free on remand to impose any sanction it saw fit for a Rule 8.4(d) violation, including the one-year suspension from practice in front of the court.

Unpublished

  • U.S. v. Oliver, 21-11173, appeal from N.D. Tex.
    • per curiam (Elrod, Haynes, Willett), criminal, restitution
    • Dismissing appeal of restitution award under appeal-waiver of guilty plea.
  • Mendives v. Bexar County, 21-51040, appeal from W.D. Tex.
    • per curiam (Clement, Southwick, Higginson), prisoner suit
    • Dismissing as frivolous appeal from dismissal of claims as frivolous or malicious under 28 U.S.C. § 1915(e)(2)(B)(i).
  • Fiengoh v. Garland, 21-60281, petition for review of BIA order
    • per curiam (Elrod, Haynes, Willett), immigration
    • Denying Cameroonian citizen’s petition for review of BIA order upholding IJ’s denial of application for asylum, withholding of removal, and protection under the CAT.
  • U.S. v. Bowman, 22-10549, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mendoza, 22-10568, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Anderson, 22-10603, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Torres, 22-10655, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Stewart, 22-10882, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming 160-month sentence on conviction of bank robbery.
  • U.S. v. Dass, 22-20025, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, forfeiture
    • Affirming in part and vacating in part forfeiture portion of sentence.
  • U.S. v. Gonzalez-Contreras, 22-40515, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Villegas, 22-50150, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming sentence on conviction of conspiring to import 1,000 kilograms of marijuana.
  • U.S. v. Goodley, 22-50278, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, guilty plea
    • Affirming conviction and upholding denial of motion to withdraw guilty plea for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
  • U.S. v. Marquez-Calzadilla, 22-50630, appeal from W.D. Tex.
    • per curiam (Davis, Smith, Douglas), criminal, sentencing
    • Affirming sentence on conviction for illegal reentry.
  • McKathan v. Treadway, 22-60423, appeal from S.D. Miss.
    • per curiam (Wiener, Elrod, Engelhardt), habeas corpus
    • Affirming denial of § 2241 petition.