May 24, 2023, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Martinez, 21-20388, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, First Step Act
    • Vacating 78-month sentence for conviction of conspiracy to possess with intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of heroin and possession with intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of heroin, which sentence was predicated on erroneous application of First Step Act’s safety-valve provision; and remanding for resentencing.
  • U.S. v. Walker, 22-30527, appeal from W.D. La.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming 292-month sentence on conviction of conspiring to distribute and possess with intent to distribute methamphetamine.
  • U.S. v. Dominguez, 22-40437, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ramirez-Urbina, 22-50404, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming 71-month sentence on conviction of conspiring to transport illegal aliens and transporting illegal aliens.
  • U.S. v. Mendoza, 22-50711, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ezell, 22-50946, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming 210-month sentence on conviction of distribution and possession with intent to distribute five grams or more of actual methamphetamine and conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine.
  • Affordable Care, L.L.C. v. McIntyre, 22-60245, appeal from S.D. Miss.
    • per curiam (Elrod, Haynes; decided by quorum after Judge Willett recused post-oral argument), arbitration
    • Affirming district court’s denial of vacatur of arbitration on plaintiff’s arguments that defendant who prevailed in arbitration was represented by attorney with connections to same law school that arbitrator had connections to.
  • Thompson v. Allred Unit, 23-10041, appeal from N.D. Tex.
    • per curiam (Stewart, Willett, Douglas), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 action.