October 11, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. De Bruhl-Daniels, 22-20650, appeal from S.D. Tex.
    • Wilson, J. (Jones, Clement, Wilson), criminal, sentencing
    • Affirming conviction on making false statements involving international terrorism; vacating conviction on three counts of obstructing an official proceeding; and vacating 108-month sentence and remanding for resentencing. Charges arose from defendant’s entering into a romantic relationship with a target of her investigation, who she was trying to develop into an intelligence source on terrorist activities, but who she instead tipped off about the investigation and then lied to investigators about doing so.
    • The Court held that the evidence of the defendant’s informing Diya about the counterterrorism investigation was sufficient to show conduct that “involv[ed] international terrorism.” The Court rejected the defendant’s argument for a narrow interpretation of the statute that would only apply if international terroristic activities were directly part of her conduct. “Rather, § 2331 encompasses activities that ‘involve’ violent or dangerous acts, plainly sweeping in more than just terroristic acts themselves. Reading both statutes in tandem, this second use of ‘involve’ broadens the universe of what is covered by § 1001(a)’s terrorism enhancement: To be convicted, a defendant’s offense must involve an activity that involves a terroristic act under § 2331. Thus, De Bruhl’s tipping Diya off that he and Arafat were targets of a counterterrorism investigation, and then concealing it, given the pair’s suspected activities in support of Iran and ISIS—a designated terrorist organization, see 69 Fed. Reg. 75587 (Dec. 17, 2004)—were sufficiently related to international terrorism to submit the charge to the jury.”
    • The Court rejected the defendant’s argument that the statute is unconstitutionally vague.
    • The Court held that the defendant’s conviction for obstructing an official proceeding was foreclosed by the Supreme Court’s decision in U.S. v. Fisher, 144 S. Ct. 2176 (2024). The Court noted that the government’s interpretation of the obstruction statute “supposes that when a target is tipped off that he is under investigation, ‘the individual could destroy evidence.’ But conjecture that a tipped-off target could destroy evidence is not sufficient to show evidence impairment. Even in its post-Fischer supplemental briefing, the Government does not connect De Bruhl’s conduct to any evidence that was purportedly impaired.” (Internal citations omitted).
    • The Court then held that the sentence for the conviction of the vacated counts and for the affirmed counts were sufficiently interrelated that the vacatur of the obstruction counts required resentencing.
  • M. D. v. Abbott, 24-40248, appeal from S.D. Tex.
    • Jones, J. (Jones, Clement, Wilson), sanctions, contempt, injunctive relief, judicial recusal, sovereign immunity
    • Vacating contempt order against state of Texas regarding compliance with court order of permanent injunctive relief to overhaul Texas’s foster care system, which carried $100,000 daily fine, holding that the state was in substantial compliance, that the contempt fines violated Eleventh Amendment sovereign immunity, and removing district court judge from the case.

Unpublished

  • U.S. v. Morales-Huerta, 24-10010 c/w 24-10011, appeal from N.D. Tex.
    • per curiam (Jones, Dennis, Southwick), criminal, sentencing
    • Affirming 30-month sentence on conviction of illegal reentry.
  • Couch v. The Bank of New York Mellon, 24-10297, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), foreclosure
    • Affirming dismissal of mortgagees’ quiet title claim arising from lender’s foreclosure.
  • Hershner v. City of Dallas, 23-11214, appeal from N.D. Tex.
    • per curiam (Dennis, Southwick, Engelhardt), defamation, § 1983, Equal Protection
    • Affirming dismissal of plaintiff bar owner’s claims against private citizen and entities affiliated with the city government of Dallas, arising from code enforcement and permit denial activities regarding the plaintiff’s bar.
  • U.S. v. Perez, 23-11245, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming 30-month sentence on revocation of supervised release.
  • U.S. v. Burkette, 24-30183, appeal from E.D. La.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Weathington, 24-30227, appeal from W.D. La.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Guerra, 24-30285, appeal from W.D. La.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Humphrey, 23-30524, appeal from W.D. La.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Pena-Rodriguez, 23-40476, appeal from S.D. Tex.
    • per curiam (Clement, Graves, Ramirez), Graves, J., dissenting in part; criminal, sentencing
    • Affirming 78-month sentence on conviction of various charges for smuggling of illegal aliens and human trafficking, applying sentencing enhancements for being an organizer or leader, an offense involving 100 or more aliens, and an offense involving an unaccompanied minor.
    • Judge Graves dissented in part, “disagree[ing] with the majority’s determinations that the evidence supports the four-level enhancement for transporting an unaccompanied minor and the nine-level enhancement for an offense involving 100 or more aliens,” and wouuld vacate and remand for resentencing.
  • MacWilliams v. Uncapher, 24-50129, appeal from W.D. Tex.
    • per curiam (Southwick, Willett, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of pretrial detainee’s § 1983 claims.
  • U.S. v. Parrish, 23-50481, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garrido-Barrientos, 23-50549, appeal from W.D. Tex.
    • per curiam (Dennis, Southwick, Engelhardt), Dennis, J., dissenting in part; criminal, sentencing
    • Vacating imposition of supervised release conditions in the defendant’s written sentencing judgment that did not comport with the conditions in the orally pronounced sentence, and remanding to resentence in conformance with the orally pronounced sentence; but affirming conviction and sentence in all other respects.
    • Judge Dennis dissented in part, as he would have vacated two additional supervised release conditions.
  • U.S. v. Guerrero-Galvan, 23-50563, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Moore, 24-60144, appeal from N.D. Miss.
    • per curiam (Barksdale, Haynes, Wilson), criminal, sentencing
    • Affirming 50-month sentence for being a felon in possession of a firearm.
  • Okorie v. Citizens Bank, 24-60255, appeal from S.D. Miss.
    • per curiam (Graves, Willett, Wilson), bankruptcy
    • Affirming dismissal of debtor’s objections to creditors’ claims for lack of standing.
  • Santibanez-Sanchez v. Garland, 21-60958, petition for review of BIA order
    • per curiam (Willett, Douglas, Morales, by designation), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order affirming the Immigration Judge’s (“IJ”) denial of her applications for adjustment of status and cancellation of removal.