September 30, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Hamilton, 23-11132, appeal from N.D. Tex.
    • Wilson, J. (Wiener, Elrod, Wilson), Elrod, J., concurring; criminal, collateral estoppel
    • Affirming denial of motion to dismiss criminal prosecution on collateral estoppel grounds, where government decided to retry defendant on bribery charges after Court of Appeals vacated first conviction for improper jury instruction and remanded. Court held that defendant failed to show “that ‘the factual issue allegedly barred by collateral estoppel was actually decided in the first proceeding.'” (Citing Garcia v. Dretke, 388 F.3d 496, 501 (5th Cir. 2004)).
    • Judge Elrod concurred, “to express my view that [Supreme Court and Fifth Circuit] precedent imposes a burden of proof that is both unclear in its weight and higher than is appropriate in this context.” She opined, “Under these precedents, the invoking party essentially must prove conclusively that the issue under consideration was the sole disputed issue in the first trial for collateral estoppel to apply. If there is any evidence to the contrary, the invoking party loses his challenge. But in other contexts in which a constitutional right is at stake, the Supreme Court and this court have recognized that a party challenging a violation of his constitutional right need only satisfy the preponderance of the evidence standard.”
  • Crusader Gun Group, L.L.C. v. James, 23-20449, appeal from S.D. Tex.
    • Kernodle, J. (Southwick, Duncan, Kernodle, by designation), Gun Control Act, administrative law
    • Affirming district court’s affirmance of ATF decision denying plaintiff a federal firearms license upon finding that the plaintiff’s president and sole responsible person had a “history of willfully violating federal firearms laws and regulations.”

Unpublished

  • U.S. v. Ramirez, 22-40243, appeal from S.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mena-Rodriguez, 23-11223, appeal from N.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • Argueta v. Garland, 23-60042, petition for review of BIA order
    • per curiam (Graves, Willett, Wilson), immigration
    • Denying in part and dismissing in part Salvadoran citizen’s petition for review of BIA order denying his second motion to reopen.
  • U.S. v. Moss, 24-10188, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ovalle, 24-10324, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • White v. Lumpkin, 24-70005, c/w 24-20435, appeal from S.D. Tex.
    • per curiam (Elrod, Willett, Ho), habeas corpus
    • Denying motion to authorize district court to consider successive habeas petition.
  • Jones v. Louisiana State Police, 24-30093, appeal from E.D. La.
    • per curiam (Davis, Smith, Higginson), § 1983
    • Affirming dismissal of § 1983 claims as frivolous.