August 10, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Carmouche v. Hooper, 21-30082, appeal from M.D. La.
    • Douglas, J. (Wiener, Graves, Douglas), prisoner suit
    • Vacating dismissal of Louisiana state prisoner’s § 1983 suit as frivolous, and remanding for further proceedings.
    • The Court held that the magistrate and district court judges abused their discretion in finding as frivolous the plaintiff’s claim that his procedural due process rights were violated when he was held in administrative segregation for more than 300 days longer than his initial 30-day disciplinary sentence without any further hearing. The Court held that there was no 2-1/2-year threshold in order to implicate a protected liberty interest in confinement classification, but instead that “[d]istrict courts should apply a nuanced analysis looking at the length and conditions of confinement on a case-by-case basis to determine whether they give rise to a liberty interest — not the application of a 30-month threshold.”
    • The Court also held that the district court erred in docketing the plaintiff’s initial filing as a complaint, and in denying subsequent motions to amend his complaint. The Court took the magistrate and district court to task for treating the liberality of pro se pleadings as a sword to deny access to the courts.
  • U.S. v. Teijeiro, 22-10227, appeal from N.D. Tex.
    • Duncan, J. (Duncan, Wilson, Mazzant, by designation), criminal, guilty plea, restitution
    • Affirming guilty-plea conviction and 168-month sentence for possessing child pornography, and $46,000 restitution order.
    • The Court held that the defendant was competent to enter his guilty plea. Reviewing the record, it held that “the plain language of the plea agreement and Tejeiro’s testimony have a strong presumption of verity.” (Internal quotation marks and citation omitted). The Court also held that the district court did not err in not sua sponte ordering a competency hearing, as the defendant had no prior medical opinion or treatment implicating mental incompetency, the defendant’s demeanor in court showed understanding and remorse, and he had no known history of irrational behavior.
    • The Cour also held there was no plain error in the calculation of restitution.

Unpublished

  • Brown v. Hooper, 20-30715, appeal from M.D. La.
    • per curiam (Richman, Jones, Ho), prisoner suit
    • Vacating dismissal of Louisiana state prisoner’s First Amendment retaliation claim, and remanding to district court for further proceedings.
  • Flores-Valle v. Garland, 20-61130, petition for review of BIA order
    • per curiam (Richman, Jones, Ho), immigration
    • Denying Mexican citizen’s petition for review of BIA order affirming the immigration judge’s (IJ’s) denial of his application for cancellation of removal.
  • U.S. v. Esquivel-Carrizales, 21-20586, appeal from S.D. Tex.
    • per curiam (Richman, Stewart, Douglas), criminal, search and seizure
    • Affirming conviction of conspiracy to possess with intent to distribute 500 grams or more of a mixture containing methamphetamine and five kilograms or more of a mixture containing cocaine, upholding denial of motion to suppress.
  • U.S. v. Pierre, 22-30620, appeal from W.D. La.
    • per curiam (Richman, Jones, Ho), criminal, sentencing
    • Affirming 110-month sentence for assaulting an officer.
  • U.S. v. Recio-Rosas, 22-40720, appeal from S.D. Tex.
    • per curiam (Richman, Jones, Ho), criminal, sentencing
    • Affirming 72-month sentence for illegal reentry.
  • U.S. v. Rodriguez-Alejos, 22-40788, appeal from S.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Gabriel v. Garland, 22-60198, petition for review of BIA order
    • per curiam (Richman, Jones, Ho), immigration
    • Denying Nigerian citizen’s petition for review of BIA order denying his motion for remand and dismissing his appeal from the denial of relief from removal as well as the denial of a motion for a continuance.
  • Sims v. Shipman, 22-60223, appeal from S.D. Miss.
    • per curiam (Richman, Jones, Ho), § 1983
    • Affirming dismissal of § 1983 claims.
  • Modacure v. Short, 22-60546, appeal from S.D. Miss.
    • per curiam (Richman, Jones, Ho), qualified immunity
    • Reversing denial of qualified immunity summary judgment to two former police officers, and rendering judgment dismissing claims.
  • Hines v. Lowndes County, 22-60548, appeal from N.D. Miss.
    • per curiam (Clement, Elrod, Willett), qualified immunity
    • Affirming qualified immunity dismissal of claims arising from police officers’ killing of suspect who led a citywide chase, abandoned his vehicle, stole a police vehicle, sped narrowly past one officer, and then drove straight at another.
  • Searcy v. Samy, 23-10568, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), breach of contract
    • Affirming dismissal of plaintiff’s breach of contract claims.