February 28, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Bleuler, 21-20658, c/w U.S. v. Murta, 22-20377, appeal from S.D. Tex.
    • Engelhardt, J. (Graves, Willett, Engelhardt), criminal, jurisdiction, Miranda
    • Reversing dismissal of indictments in international bribery and money laundering cases, and reversing granting of motion to suppress, and remanding for further proceedings.
    • The Court first held that the district court erred in holding that it did not have jurisdiction over the cases based on the extraterritoriality of the actions. The Court held that, in criminal matters, the indictment need only allege a violation of a crime in Title 18 of the U.S. Code, and that extraterritoriality is not a jurisdictional issue but an issue on the merits.
    • As to the Federal Corrupt Practices Act charges, the Court held that the district court erred in dismissing those charges on the ground that the indictment failed to establish that the defendants were “agents” to satisfy the statute’s jurisdictional requirements. The Court first held that the defendants were liable as enumerated actors because the indictment sufficiently alleges that they are “agents of a domestic concern” and that one of the defendants is also liable as a person who acted while in the United States.
    • The Court held that the district court erred in finding that the term “agent” in the FCPA is unconstitutionally vague. “The district court’s vagueness conclusion, which was rooted in the ‘novel application’ of agency as a means to establish subject-matter jurisdiction, is inherently flawed.”
    • As to the money-laundering statute, the Court held that the district court erred in concluding that conduct can only occur “in part” in the United States sufficient to trigger the statute if the defendant has committed a portion of the offense while in the United States. “There is no physical-presence requirement.”
    • The Court held that a request under a mutual legal assistance treaty suspended the five-year statute of limitations.
    • The Court held that one of the defendants’ Miranda rights were not violated by an interview of the defendant by Portuguese authorities and the U.S. government’s request. The Court held that the defendant, who was accompanied by his lawyer for a multiple-hour interview at a local criminal investigation office in Portugal, with two translators and a Portuguese judicial police inspector also present, was not in a custodial environment during the interview.

Unpublished

  • U.S. v. Morris, 21-30676, appeal from W.D. La.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 120-month sentence on conviction of distribution of heroin.
  • U.S. v. Douglas, 22-10385, appeal from N.D. Tex.
    • per curiam (Southwick, Higginson, Willett), criminal, sentencing
    • Affirming conviction and sentence for production of child pornography.
  • U.S. v. Gonzalez, 22-10537, appeal from N.D. Tex.
    • per curiam (Jolly, Jones, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Dillon, 22-10700, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 21-month sentence on conviction of possession of stolen mail.
  • The Dugaboy Investment Trust c. Highland Capital Management, L.P., 22-10831, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), bankruptcy
    • Affirming district court’s dismissal, for lack of prudential standing, of appeal from bankruptcy court’s order denying motion to compel compliance with Bankruptcy Rule 2015.3.
  • Brown v. Dolgencorp of Texas, Inc., 22-40461, appeal from E.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), personal tort
    • Affirming summary judgment dismissal of grocery store’s landlord from slip-and-fall case.
  • Maldonaldo v. Garland, 22-60216, petition for review of BIA order
    • per curiam (Barksdale, Higginson, Ho), immigration
    • Denying Honduran citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of motion to reopen.
  • U.S. v. Belvin, 22-60355, appeal from N.D. Miss.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 151-month sentence on conviction of distributing cocaine.