September 25, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Kerstetter, 22-10253, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Higginson), criminal, sentencing, Armed Career Criminal Act
    • Affirming 190-month sentence on conviction of possession of a firearm by a felon, as enhanced for under the Armed Career Criminal Act.
    • Teh Court rejected the defendant’s argument that the facts of the prior convictions for purposes of the ACCA enhancement must be included in the indictment and found by a jury, as precluded by the Court’s precedent. The Court also held that the defendant’s prior convictions were for “violent felonies” qualifying for ACCA-enhancement.
  • LaVergne v. Stutes, 22-30475, appeal from M.D. La.
    • Duncan, J. (Jones, Stewart, Duncan), prisoner suit, qualified immunity
    • Affirming dismissal of Louisiana state prisoner’s § 1983 claim arising from confinement to restricted custody, holding on the first qualified immunity prong that he had failed to allege a constitutional violation.

Unpublished

  • U.S. v. Vazquez-Lopez, 22-40752, c/w U.S. v. Menera-Ramirez, 22-40753, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Watson v. Brennan, 23-10131, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), Title VII, employment discrimination
    • Affirming summary judgment dismissal of employment discrimination claims.
  • U.S. v. Nevins, 23-10320, appeal from N.D. Tex.
    • per curiam (Davis, Haynes, Ho), criminal, supervised release
    • Affirming revocation of supervised release.
  • U.S. v. Pokrajac, 23-10390, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Pate, 23-40353, appeal from E.D. Tex.
    • per curiam (Clement, Engelhardt, Oldham), criminal
    • Dismissing as frivolous third attempt of direct appeal from 2016 conviction and sentence for mail fraud and wire fraud.
  • U.S. v. Michua-Totozin, 23-60009, appeal from S.D. Miss.
    • per curiam (Barksdale, Graves, Oldham), criminal, sentencing, Batson challenge
    • Affirming 54-month sentence and conviction of conspiracy to unlawfully bring an alien to, or transport an alien within, the United States; unlawful transportation of an alien within the United States; and illegal reentry after removal.