September 24, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Crittenden, 23-50007, appeal from W.D. Tex.
    • Willett, J. (Dennis, Willett, Duncan), Dennis, J., dissenting in part; criminal, Sixth Amendment, jury instruction
    • Affirming conviction for possession with intent to distribute 500 grams or more of methamphetamine.
    • The Court found no error in the district court’s acceptance of the defendant’s waiver of potential conflict of interest by his counsel, a waiver of the right to conflict-free counsel.
    • The Court found no error in the district court’s denial of a less-included-offense instruction for simple possession.
    • Judge Dennis dissented in part. While he concurred with regard to the waiver of the right to conflict-free counsel, he would find the failure to provide the lesser-included-offense instruction to be reversible error. “Because, from the evidence ignored by the panel majority, a jury could rationally find Crittenden guilty of simple possession of methamphetamine yet acquit him of intending to distribute, Crittenden was entitled to a jury instruction on the lesser offense of simple possession.”
  • Degenhardt v. Bintliff, 24-40034, appeal from S.D. Tex.
    • Clement, J. (Clement, Graves, Ramirez), Graves, J., dissenting in part; § 1983, qualified immunity
    • Reversing dismissal of claim that defendant officers lacked reasonable suspicion to pull over the plaintiffs’ vehicle; affirming dismissal of claims that officers lacked probable cause to search the vehicle and engaged in First Amendment-prohibited retaliation in doing so; affirming dismissal on qualified immunity grounds of claim that officers wrongfully impounded the vehicle or engaged in First Amendment-prohibited retaliation in doing so.
    • Judge Graves dissented in part, disagreeing that the officer defendants were entitled to qualified immunity regarding the First Amendment retaliation claim as to the impoundment of the vehicle.

Unpublished

  • U.S. v. Kriss, 23-40706, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, guilty plea
    • Dismissing under appeal-waiver appeal from guilty-plea conviction of sexual exploitation of children and possession of child pornography and sentence to 480 months’ imprisonment.
  • U.S. v. Aleman, 24-10309, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Patel, 24-20233, appeal from S.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal, compassionate release
    • Affirming denial of motion for compassionate release.