September 26, 2023, opinions

Designated for publication

  • U.S. v. Carr, 22-20337, appeal from S.D. Tex.
    • Duncan, J. (Duncan, Wilson, Schroeder, by designation), criminal, attorney-client privilege
    • Affirming convictions of defendant on numerous drug offenses related to ownership of pharmacy that was essentially an illegal pill mill; upholding use of audio recordings by the prosecution (though not used at trial) that defendant asserted intruded into his privileged conversations with his attorney.
    • The Court held that the district court did not abuse its discretion in denying the defendant’s motion to dismiss his indictment as untimely, given the defendant’s counsel’s delays in objecting to the release of the recordings to the prosecution by the government filter team and the counsel’s failure to file any motion by the deadline for doing so. The Court also held there were no Sixth or Fifth Amendment violations in the prosecution’s access to the recordings.

Unpublished

  • Culbertson v. Harris County, 20-20527, appeal from S.D. Tex.
    • per curiam (Richman, Southwick, Wilson), § 1983, standing
    • Affirming dismissal of § 1983 retaliation claim for lack of standing.
  • U.S. v. Cruz, 23-10017, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Williams, 23-10096, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Stafford v. Wilmington Trust N.A., 23-10221, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), foreclosure, res judicata
    • Affirming res judicata dismissal of second lawsuit brought arising from foreclosure.
  • U.S. v. Mathews, 23-10321, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Castro-Lopez, 23-10449, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.