March 1, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Owens, 22-51046, appeal from W.D. Tex.
    • Douglas, J. (Wiener, Willett, Douglas), Wiener, J., dissenting; habeas corpus, ineffective assistance of counsel
    • Affirming district court’s denial of § 2255 petition, holding that petitioner failed to show that he was prejudiced by his trial and appellate counsel’s performance in guilty-plea conviction of conspiracy to possess with intent to distribute 50 grams of more of actual methamphetamine and sentence of 324 months.
    • The petitioner challenged the effectiveness of counsel for failure to challenge the purity of the methamphetamine that the trial court found to be attributable to him, which would raise his Sentencing Guidelines level from possess of a mixture containing methamphetamine to possess of actual methamphetamine. The Court held that uncontested information in the Presentencing Report supported the trial court’s findings for purposes of sentencing, and that the petitioner was therefore not prejudiced by any deficient conduct of counsel. “[I]t is plausible in light of the record as a whole that the five pounds of marijuana attributed to Owens were obtained from Stowe’s contact in Tijuana and thus also 98% pure, yielding at least 1.5 kilograms of actual methamphetamine.”
    • Judge Wiener dissented, as he would find that inconsistencies in the PSR rendered it unreliable.
  • Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 23-40591, c/w 24-40026, appeal from S.D. Tex.
    • Jones, J. (Jones, Willett, Duncan), Class Action Fairness Act
    • Vacating judgment remanding case to state court under CAFA’s local controversy exception, and remanding to district court for further proceedings.
    • The Court first held that, although it granted permission to appeal the CAFA remand under 28 USC § 1453(c), it also has jurisdiction to consider CAFA remands under the local controversy exception pursuant to 28 USC § 1291. “In sum, appellants may rely on § 1291 or § 1453(c) in appealing orders remanding a case under the local controversy exception. But only in appeals predicated on § 1453(c) is this court bound to rule within sixty days of our granting permission to appeal.”
    • On the merits of the local controversy exception as applied to this case where Devon, an Oklahoma-based oil company, is alleged to have underpaid royalties under a mineral lease in Texas to lessors 90% of whom lived in Texas but others lived in other states, the Court held that the “principal injuries” were not “incurred” in Texas. The Court held that, “[g]enerally, a plaintiff sustains an economic injury where he resides. … It follows that the Plaintiffs who reside or were paid at addresses outside of Texas could not have sustained their economic injuries in Texas because the underpayment of their royalties did not occur in Texas nor were its effects felt there.”
    • While the plaintiffs argued that the “principal injuries” were incurred in Texas because the vast majority of lessors were underpaid at their residences in Texas, the Court held that “the meaning of ‘principal injuries’ is unambiguous. ‘Principal injuries’ qualitatively and comparatively evaluates the types of injury, not the quantity of plaintiffs who were injured. Thus, when some plaintiffs sustain their primary injuries in the forum state but others do not § 1332(d)(4)(A)(i)(III) is not satisfied.”
  • In re Clarke, 24-50079, petition for writ of mandamus to W.D. Tex.
    • Smith, J. (Smith, Southwick, Wilson), venue, mandamus
    • Granting writ of mandamus to district court to retain jurisdiction over suit brought by petitioners against Commodities Futures Trading Commission, which district court had transferred to the District Court for the District of Columbia.
    • “In essence, the district court transferred petitioners’ case to D.D.C. because of court congestion. That is a clear abuse of discretion, for which petitioners have no other remedy, with sweeping implications for this circuit’s § 1404(a) transfer standards. Accordingly, we grant the petition and direct the district court to request that the case be returned to the court à quo.”

Unpublished

  • Bryant v. Ditech Financial, L.L.C., 23-10416, appeal from N.D. Tex.
    • Oldham, J. (King, Jones, Oldham), property law
    • Reversing dismissal of plaintiff’s claim to quiet title on Texas property.
  • U.S. v. Rivas-Chairez, 23-10550, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Freeman, 23-10647, appeal from N.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), criminal, sentencing
    • Affirming conviction and 84-month sentence for being a felon in possession of a firearm.
  • U.S. v. Roy, 23-10674, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal, sentencing
    • Affirming conviction and 97-month sentence for transporting an individual in interstate commerce with the intent that the individual engage in prostitution.
  • Ruff v. Ruff, 23-40373, appeal from E.D. Tex.
    • per curiam (Jones, Haynes, Douglas), bankruptcy
    • Affirming bankruptcy court’s findings and conclusions regarding circumstances around purchase and sale of home.
  • Falcetta v. Rosalez, 23-50159, appeal from W.D. Tex.
    • per curiam (King, Jones, Oldham), habeas corpus
    • Affirming denial of § 2241 petition
  • U.S. v. Sandoval, 23-50255, appeal from W.D. Tex.
    • per curiam (Jones, Smith, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Santivanez, 23-50497, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Hernandez, 23-50521, appeal from W.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
    • Affirming conviction and 37-month sentence for conspiracy to possess with intent to distribute fentanyl.
  • U.S. v. Cabrera-Olvera, 23-50580, c/w 23-50592, appeal from W.D. Tex.
    • per curiam (Jones, Smith, Dennis), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.