December 29, 2023, opinions

Unpublished

  • U.S. v. Derma-Dominguez, 22-50787, appeal from W.D. Tex.
    • per curiam (Stewart, Dennis, Wilson), Dennis, J., dissenting in part; criminal, sentencing
    • Affirming in part and vacating in part 108-month sentence on conviction of possession with intent to distribute marijuana and methamphetamine; “remand[ing] for recalculation of his sentence to account for the new base offense level resulting from the 10 percent decrease of the total converted drug weight.”
    • Judge Dennis dissented in part, “from the majority’s conclusion in Part II.A that Derma-Dominguez warrants the enhancement under U.S.S.G. § 3B1.1(c) for being ‘an organizer, leader, manager, or supervisor’ in the drug smuggling operation. Because the record contains no evidence that Derma-Dominguez had management responsibility over the property, assets, or activities of a criminal organization, the district court clearly erred in applying the enhancement.”
  • U.S. v. Johnson, 23-10214, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal, guilty plea
    • Affirming guilty plea conviction of being a felon in possession of a firearm.
  • Kreb v. Integra Aviation, L.L.C., 23-10758, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), administrative law
    • Affirming denial of plaintiff’s TRO to enjoin administrative law judge from hearing his challenge to employer’s compliance with aviation regulations.
  • Boone v. O’Malley, 23-40401, appeal from S.D. Tex.
    • per curiam (Clement, Duncan, Douglas), social security
    • Affirming denial of disability benefits.
  • U.S. v. Garcia-Heredia, 23-50334, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.