February 13, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Villanueva-Cardenas, 21-40525, appeal from S.D. Tex.
    • per curiam (Graves, Ho, Duncan), Duncan, J., concurring in judgment (joined by Ho, J.); criminal, supervised release
    • After guilty plea to conviction of illegal reentry, with 27-month sentence, Court vacated supervised release condition that defendant self-deport if, after release from confinement, immigration officials decline to take custody of him and deport him. The Court held that, under U.S. v. Badillo, 36 F.4th 660, 661 (5th Cir. 2022), the district court does not have the authority to impose a self-deport condition.
    • Judge Duncan, joined by Judge Ho, concurred in the judgment, agreeing that Badillo is the controlling precedent in the Circuit, but finding Badillo “hard to square with the plain text of the governing statute.”

Unpublished

  • Ibarra-Sanchez v. Garland, 21-60705, petition for review of BIA order
    • per curiam (Smith, Southwick, Douglas), immigration
    • Denying Mexican citizen’s petition for review of BIA order denying applications for withholding of removal and protection under the CAT.
  • U.S. v. Fleifel, 22-10425, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Trevino, 22-10533, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. David-Usuga, 22-20134, appeal from S.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Brown, 22-20227, appeal from S.D. Tex.
    • per curiam (Barksdale, Higginson, Ho), criminal, sentencing
    • Dismissing as moot appeal of sentence for conviction following revocation of supervised release.
  • Ton v. Ton, 22-30182, appeal from E.D. La.
    • per curiam (Smith, Clement, Wilson), bankruptcy
    • Affirming district court’s judgment in bankruptcy proceedings.
  • U.S. v. Levanda, 22-30256, appeal from E.D. La.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming 54-month sentence on conviction of conspiracy to distribute and possess with intent to distribute controlled substances, conspiracy to distribute and possess with intent to distribute cocaine base and aiding and abetting, and use of a communication facility and aiding and abetting.
  • U.S. v. Ramirez-Gonzalez, 22-40623, appeal from S.D. Tex.
    • per curiam (Jolly, Jones, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Alvarado-Ruiz v. Garland, 22-60240, petition for review of BIA order
    • per curiam (Stewart, Duncan, Wilson), immigration
    • Dismissing in part and denying in part Guatemalan citizen’s petition for review of BIA order denying motion to reopen and terminate.