August 8, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Sadeek, 22-40332, appeal from S.D. Tex.
    • per curiam (Clement, Elrod, Willett), criminal, sentencing
    • Affirming 405-month sentence on conviction of enticement of a minor, travel with intent to engage in illicit sexual conduct, and transfer of obscene material to a minor; affirming $100 special assessment on each of three counts; but vacating $5,000 assessment under the Justice for Victims of Trafficking Act as to the third count.
    • The Court held that the record evidence supported the district court’s application of the “use of force” sentencing enhancement under 18 U.S.C. § 2241, as well as the “use of threats” enhancement under § 2242.
    • The Court held that the sentencing enhancement for engaging in a pattern of prohibited sexual activity was also appropriate on the evidence in the record.

Unpublished

  • National Labor Relations Board v. Tri-County Electric Cooperative, Inc., 21-60887, petition for review of NLRB order
    • per curiam (Duncan, Wilson, Schroeder, by designation), labor law, timeliness
    • Granting motion to enter judgment enforcing NLRB order, and denying cross-petition for review; holding that NLRB did not abuse its discretion in rejecting petitioner’s exceptions to NLRB order regarding unlawful discharge of an employee that were filed thirty minutes after the deadline.
  • U.S. v. Turman, 22-10208, appeal from N.D. Tex.
    • per curiam (Wiener, Graves, Douglas), criminal, sentencing, guilt plea
    • Affirming 240-month sentence on conviction of distribution of child pornography, holding that the appeal was barred by the appeal waiver in the plea agreement, and that the sentence was not plainly erroneous.
  • U.S. v. Aguirre, 22-10368, appeal from N.D. Tex.
    • per curiam (King, Smith, Elrod), Smith, J., dissenting; criminal, sentencing
    • Remanding for resentencing on conviction of wire fraud, with directions to district court to remove unidentified victims from the restitution order, to consider the term of incarceration without regard to a victim that the defendant did not injure, and to remove victims who were added via an amended sentence.
    • Judge Smith dissented. He would hold that the defendant’s appeal should be barred by the appeal waiver in his guilty plea.
  • U.S. v. Vargas-Hernandez, 22-11128, appeal from N.D. Tex.
    • per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing
    • Affirming 72-month sentence on conviction of illegal reentry.
  • Williams v. Johnson County, 22-11224, appeal from N.D. Tex.
    • per curiam (King, Graves, Duncan), qualified immunity
    • Affirming qualified immunity summary judgment dismissing plaintiff’s § 1983 claims arising from traffic stop.
  • Miguel v. Abbott, 22-50413, appeal from W.D. Tex.
    • per curiam (Duncan, Wilson, Schroeder, by designation), § 1983, mootness
    • Affirming in part and dismissing as moot in part plaintiff’s appeal of district court’s dismissal of § 1983 suit challenging the civil commitment provisions of Texas’s Sexually Violent Predator Act.
  • U.S. v. Garcia-Nieto, 22-50754, appeal from W.D. Tex.
    • per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing
    • Affirming 240-month and 60-month sentences on convictions of conspiracy to possess 50 grams or more of actual methamphetamine with intent to distribute and distribution of 50 grams or more of actual methamphetamine, and possession of a firearm in furtherance of a drug-trafficking crime.
  • Yanez v. Garland, 22-60426, petition for review of BIA order
    • per curiam (Duncan, Wilson, Schroeder, by designation), immigration
    • Denying Honduran citizen’s petition for review of BIA order denying motion to reopen.
  • Garcia v. Garland, 22-60552, petition for review of BIA order
    • per curiam (Wiener, Elrod, Engelhardt), immigration
    • Denying Mexican citizens’ petition for review of BIA order upholding IJ’s denial of their applications for asylum, withholding of removal, and protection under the CAT.
  • U.S. v. Amacker-Owen, 22-60654, appeal from S.D. Miss.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Dismissing as barred by appeal-waiver the appeal of a 210-month sentence on conviction of conspiring to possess with intent to distribute a mixture or substance containing heroin, a mixture or substance containing methamphetamine, and a mixture or substance containing methylenedioxymethamphetamine.
  • Ezeani v. Reagan, 23-10445, appeal from N.D. Tex.
    • per curiam (Stewart, Dennis, Willett), § 1983
    • Affirming dismissal of plaintiff’s § 1983 claims of constitutional violations from private university’s denial of a second graduate degree using credits earned in completing first graduate degree.
  • Garay v. Garland, 23-60205, petition for review of BIA order
    • per curiam (Higginbotham, Stewart, Southwick), immigration
    • Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s order denying her application for, inter alia, cancellation of removal and ordering her removed.