May 30, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Rudolph, 21-30739, appeal from E.D. La.
    • Graves, J. (Richman, Graves, Wilson), criminal, sentencing
    • Vacating sentence that relied on career offender enhancement on conviction for conspiracy to distribute five kilograms or more of cocaine hydrochloride and 280 grams of cocaine base, and remanding for resentencing.
    • The Court summarized: “When the Government fails to prove by a preponderance of the evidence the facts necessary to support a sentencing enhancement, it has failed to meet its burden. And when the district court adopts “facts” in a PreSentence Report that lack an adequate evidentiary basis with sufficient indicia of reliability, it has committed clear error. The application of the career offender enhancement to Gene Rudolph’s conviction was error.”
  • Bevill v. Wheeler, 23-40321, appeal from E.D. Tex.
    • King, J. (King, Ho, Engelhardt), qualified immunity, First Amendment
    • Affirming denial of qualified immunity summary judgment for mayor and other local officials on plaintiff’s First Amendment retaliation claims arising from his termination as a police captain after he had signed an affidavit in support of a motion to transfer venue in a criminal proceeding pending against a friend and former police colleague.

Unpublished

  • U.S. v. Diaz-De Leon, 21-40084, appeal from S.D. Tex.
    • per curiam (Richman, Haynes, Duncan), habeas corpus
    • Affirming denial of § 2255 petition.
  • Sawyer v. Die, 22-10447, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), prisoner suit
    • Affirming summary judgment dismissal of Texas state prisoner’s § 1983 claims.
  • Tadeo v. Garland, 22-60462, petition for review of BIA order
    • per curiam (King, Willett, Douglas), immigration
    • Denying government’s motion to dismiss for lack of jurisdiction, denying government’s motion for summary disposition, but denying Mexican citizen’s petition for review of BIA order denying her application for deferral of removal under the Convention Against Torture.
  • U.S. v. Bunting, 23-11002, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hordge, 23-11171, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hastey, 23-11266, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Batalla, 23-20433, appeal from S.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Galicia, 23-50674, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Silva-Gomez, 23-50701, appeal from W.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.