March 20, 2023, opinions

Designated for publication

  • U.S. v. Sharp, 22-20222, appeal from S.D. Tex.
    • Elrod, J. (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Vacating sentence for conviction of being a felon in possession of a firearm, where sentence is based on enhancement applicable when a defendant’s firearm “has an altered or obliterated serial number” and there is no evidence that the rifle at issue ever had a serial number; and remanding for resentencing.
    • The Court held, “in ordinary parlance, something cannot be ‘altered or obliterated’ if it never existed in the first place.”


  • Trinity Home Dialysis, Inc. v. WellMed Networks, Inc., 22-10414, appeal from N.D. Tex.
    • per curiam (Elrod, Haynes, Willett), Medicare, federal officer jurisdiction
    • Affirming denial of motion to remand on federal officer jurisdiction grounds, and dismissal for failure to exhaust administrative remedies of plaintiff’s claims for failure to reimbuse it for services provided to Medicare enrollees.
  • Greenough v. Gray, 22-40190, appeal from E.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), prisoner suit
    • Affirming dismissal of Texas state prisoner’s claims.
  • U.S. v. Marrufo, 22-50189, appeal from W.D. Tex.
    • per curiam (Barksdale, Stewart, Ho), criminal, sentencing
    • Dismissing as barred by appeal waiver appeal of 480-month sentence on guilty-plea conviction of conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity; conspiracy to kill in a foreign country; and kidnapping.
  • U.S. v. Robles-Hernandez, 22-50274, c/w U.S. v. Morales-Salazar, 22-50576, c/w U.S. v. Ureste-Meza, 22-50580, appeal from W.D. Tex.
    • per curiam (Barksdale, Elrod, Haynes), criminal, search and seizure
    • Affirming convictions for illegal reentry, upholding denial of motion to suppress.
  • U.S. v. Lee, 22-50320, appeal from W.D. Tex.
    • per curiam (Wiener, Stewart, Engelhardt), criminal, search and seizure
    • Vacating conviction of crimes related to trafficking of undocumented noncitizens, holding that district court erred in denying motion to suppress without holding an evidentiary hearing; and remanding for further proceedings.