July 22, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Hildreth, 22-20301, appeal from S.D. Tex.
    • Higginson, J. (Higginson, Willett, Oldham), criminal, sentencing
    • Affirming 80-month sentence on guilty-plea conviction of possession of a firearm by a felon, which rejected a reduction for acceptance of responsibility and applied an upward adjustment from the Guidelines sentence on the basis of criminal history and likelihood of recidivism.
  • Kovac v. Wray, 23-10284, appeal from N.D. Tex.
    • Southwick, J. (Barksdale, Southwick, Graves), Administrative Procedures Act
    • Affirming summary judgment that the federal agency defendants had “statutory authority to create, maintain, and administer the [terrorist] watchlist” that was the subject of the plaintiffs’ APA challenge. “[T]he Government’s Watchlist authority rests on far more than vague authorizing statutes. Instead, the statutory scheme is highly complex and exists today after years of congressional enactments, presidential actions, and congressional ratifications and enhancements.”
  • U.S. v. Devaney, 23-10480, appeal from N.D. Tex.
    • Smith, J. (Smith, Engelhardt, Ramirez), criminal, search and seizure, sentencing
    • Affirming conviction and 480-month sentence for participating in a drug conspiracy.

Unpublished

  • Kumar v. Garland, 20-60712, c/w 23-60583, petition for review of BIA order
    • per curiam (Jones, Southwick, Oldham), immigration
    • On remand from the U.S. Supreme Court, denying petitions by Indian citizen for review of BIA order dismissing appeal of IJ’s denial of application for asylum, withholding of removal, and protection under the CAT, and for review of BIA denial of motion to reopen based on changed country conditions.
  • U.S. v. Moore, 23-30573, appeal from W.D. La.
    • per curiam (Haynes, Willett, Oldham), criminal, sentencing
    • Affirming 125-month sentence on conviction of interference with commerce by robbery.
  • U.S. v. De La Rosa-Cordova, 23-50769, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.