Designated for publication
- SR Construction, Inc. v. Hall Palm Springs, L.L.C., 21-11244, appeal from N.D. Tex.
- Higginbotham, J. (Higginbotham, Southwick, Higginson), bankruptcy
- Affirming district court’s affirmance of bankruptcy court’s order approving credit-bid sale of hotel property to debtor’s parent company and discharge of all liens, holding that the lender was a good faith purchaser.
- U.S. v. Munoz, 22-10451, appeal from N.D. Tex.
- Elrod, J. (Wiener, Elrod, Engelhardt), criminal, guilty plea, restitution
- Affirming $75,000 restitution award as part of sentence for guilty-plea conviction of possession of stolen firearms. The Court held that the appeal-waiver in the guilty plea did not prevent the defendant from appealing the restitution award because that challenge fell within the waiver exception for challenge to a sentence beyond the statutory maximum, but held that there was no clear error in the district court’s calculation of the restitution award.
Unpublished
- U.S. v. Guzman, 20-51001, appeal from W.D. Tex.
- per curiam (Higginbotham, Duncan, Engelhardt), criminal, First Step Act
- Affirming denial of motion for sentence reduction under the First Step Act.
- Ramos v. Lumpkin, 21-50775, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), habeas corpus
- Reversing dismissal of sec. 2254 petition as time-barred, holding that the time period for filing the petition was tolled during the pendency of petitioner’s motions for postconviction DNA testing under article 64 of the Texas Code of Criminal Procedure and his attendant appeal of the denial of those motions, and remanding for further proceedings.
- U.S. v. Wilson, 22-10971, appeal from N.D. Tex.
- per curiam (Stewart, Dennis, Willett), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Wilson v. Stephens, 22-20406, appeal from S.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), prisoner suit
- Dismissing appeal of denial of prisoner’s motion to revive default judgment.
- Darries v. Cornelius, 22-20574, appeal from S.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), sec. 1983
- Affirming dismissal of sec. 1983 claim against former defense attorney.
- Cordova v. Louisiana State University Agricultural & Mechanical College Board of Supervisors, 22-30548, c/w 22-30732, appeal from W.D. La.
- per curiam (Ho, Oldham, Douglas), Rule 60(b), attorneys’ fees
- Affirming denial of Rule 60(b) motion to vacate judgment, which had been filed after dismissal of appeal of underlying judgment due to untimeliness of notice of appeal, and affirming award of attorneys’ fees to appellee.
- U.S. v. Picazo-Sanchez, 22-40356, appeal from S.D. Tex.
- per curiam (Stewart, Dennis, Willett), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Estrella, 22-50134, appeal from W.D. Tex.
- per curiam (King, Higginson, Willett), criminal, sentencing
- Affirming 98-month sentence on conviction of possessing with intent to distribute five grams or more of actual methamphetamine.
- U.S. v. Camacho, 22-50503, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal, jury instruction
- Affirming conviction of conspiring to possess with intent to distribute 500 grams or more of a substance or mixture containing a detectable amount of methamphetamine, holding there was no reversible error in the district court’s mistake of fact jury instruction.
- Logan v. Mississippi Department of Corrections, 22-60172, appeal from S.D. Miss.
- per curiam (Wiener, Elrod, Engelhardt), prisoner suit
- Dismissing as frivolous repetitive challenge to extradition between different states.
- Thapa v. Garland, 22-60382, petition for review of BIA order
- per curiam (King, Higginson, Willett), immigration
- Denying Nepalese citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of asylum and withholding of removal.
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