Designated for publication
- U.S. v. Williams, 22-10316, appeal from N.D. Tex.
- Smith, J. (Smith, Southwick, Higginson), criminal, expert witness
- Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness.
- The Court rejected the defendant’s argument that the Cellebrite technology used to download information from the cell phone was complex technology that therefore required expert qualification and testimony to present. “[T]his ignores the basic realities of life. All the officer did was run a computer program. He offered no technical understanding of the machine or software; he did not write the program; and he did not opine on any application of specialized knowledge.”
- Certain Underwriters at Lloyds, London v. Cox Operating, 22-30371, appeal from E.D. La.
- per curiam (Stewart, Dennis, Southwick), Southwick, J, concurring in judgment; insurance
- Affirming judgment that insurer is obligated to pay maintenance and cure under a protection and indemnity policy.
Unpublished
- U.S. v. Tristan, 23-10220, appeal from N.D. Tex.
- per curiam (Higginbotham, Stewart, Southwick), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Rodgers, 23-10286, appeal from N.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Sanchez-Delgado, 23-10304, c/w 23-10322, appeal from N.D. Tex.
- per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
- Affirming 48-month sentence on conviction of illegal reentry.
- U.S. v. Garcia-Bertadillo, 23-10474, appeal from N.D. Tex.
- per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
- Affirming sentence on conviction of illegal reentry.
- U.S. v. Garcia-Salvador, 23-10495, appeal from N.D. Tex.
- per curiam (Davis, Willett, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Castillo, 23-20147, appeal from S.D. Tex.
- per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
- Affirming sentence on conviction of aiding and abetting the damage or destruction, by means of fire, any building receiving federal financial assistance.
- U.S. v. Robinson, 23-30155, appeal from W.D. La.
- per curiam (Elrod, Oldham, Wilson), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Villegas, 23-40022, appeal from E.D. Tex.
- per curiam (Willett, Duncan, Douglas), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Sanders, 23-40309, appeal from E.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Smith, 23-50052, appeal from W.D. Tex.
- per curiam (Jones, Higginson, Ho), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
- U.S. v. Rodriguez-Martinez, 23-50133, appeal from W.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal, sentencing
- Affirming 33-month sentence on conviction of illegal reentry.
- U.S. v. Zubia, 23-50230, appeal from W.D. Tex.
- per curiam (Willett, Duncan, Douglas), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Avila-Mendez, 23-50291, appeal from W.D. Tex.
- per curiam (Wiener, Stewart, Douglas), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- Dusterhoft v. City of Austin, 23-50313, appeal from W.D. Tex.
- per curiam (King, Haynes, Graves), First Amendment
- Affirming dismissal of claims for First Amendment retaliation and conspiracy by former Austin assistant police chief.
- U.S. v. Aguilera-Duque, 23-60074, appeal from S.D. Miss.
- per curiam (Stewart, Elrod, Southwick), criminal, sentencing
- Dismissing appeal from sentence for illegal reentry as barred by appeal-waiver in plea agreement.
- Sechler v. U.S. Bank National Association, 23-60103, appeal from N.D. Miss.
- per curiam (Elrod, Oldham, Wilson), foreclosure
- Affirming dismissal of wrongful foreclosure suit.
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