November 6, 2023, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Wilson, 22-50857, appeal from W.D. Tex.
    • per curiam (Wiener, Willett, Douglas), criminal, sentencing
    • Affirming 110-month sentence on conviction of possession of a firearm by a felon in connection with a drug trafficking offense.
  • U.S. v. O’Neill, 22-50996, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to possess with intent to distribute cocaine; possession of cocaine with intent to distribute and aiding and abetting; and money laundering.
  • Chiwanga v. Garland, 22-60573, petition for review of BIA order
    • per curiam (Graves, Higginson, Ho), immigration
    • Denying Tanzanian citizen’s petition for review of BIA order upholding the denial of his application for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture.
  • U.S. v. Guzman, 23-10122, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mena, 23-10144, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, Second Amendment
    • Affirming guilty-plea conviction for transferring a machinegun without obtaining authorization or paying the requisite tax in violation of the National Firearms Act, rejecting constitutional challenge.
  • U.S. v. Skinner, 23-10377, appeal from N.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Gipson v. Weatherford College, 23-10397, appeal from N.D. Tex.
    • per curiam (Richman, Haynes, Duncan), attorney discipline, sanctions
    • Reversing district court’s order of sanctions on counsel for college in underlying sexual harassment case, and remanding. In response to various discovery disputes that were not at issue, “ultimately, the district court ordered all counsel to read Dondi, the Texas Lawyer’s Creed, and the Texas Disciplinary Rules of Professional Conduct, and to certify via an affidavit that they had done so, understood these texts, and agreed to comply with their standards for the remainder of the litigation. Counsel for each party, in a timely fashion (during winter weather issues) filed 28 U.S.C. § 1746 declarations, instead of notarized affidavits, in response to the court’s order. The district court reacted to that prompt filing as sanctionable and imposed a $250 monetary sanction on each counsel sua sponte while ordering them to refile their documents as actual notarized affidavits. Counsel quickly did so and paid the $250.” The Court held that the district court abused its discretion because it made no finding of bad faith and misconstrued 28 U.S.C. § 1746. The Court reversed the monetary sanctions award and remanded for vacatur of the sanctions and refund of the monetary amounts.
  • Payne v. Payne, 23-10570, appeal from N.D. Tex.
    • per curiam (Elrod, Haynes, Douglas), bankruptcy
    • Granting motion for IFP status, vacating bankruptcy court’s order of dismissal of motion to vacate permanent injunction, and remanding for further proceedings.
  • U.S. v. Jones, 23-30083, appeal from W.D. La.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Affirming 151-month sentence on career offender enhancement on conviction of possession of ecstasy with intent to distribute.
  • U.S. v. Weeks, 23-30092, appeal from W.D. La.
    • per curiam (Wiener, Stewart, Douglas), criminal, sentencing
    • Affirming 360-month sentence on conviction of conspiracy to possess 50 grams or more of methamphetamine or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine with the intent to distribute it.
  • U.S. v. Trevino, 23-40233, appeal from S.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Molina, 23-50233, appeal from W.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Tribal Solutions Group, L.L.C. v. Valandra, 23-60233, appeal from S.D. Miss.
    • per curiam (Wiener, Willett, Douglas), preliminary injunction, trade secrets
    • Affirming denial of preliminary injunction in trade secrets misappropriation case.