November 8, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Velasquez, 23-11170, appeal from N.D. Tex.
    • Jones, J. (Jones, Barksdale, Ho), criminal
    • Affirming conviction of illegal reentry, which resulted in surrender to immigration officials for deportation.
    • The Court rejected the defendant’s argument that the district court had improperly shifted the burden to him to prove the invalidity of the waiver of rights regarding the underlying deportation rather than placing the burden on the government to prove the waiver’s validity. “The district court’s burden allocation was proper. The evidence shows, in any event, that the burden allocation was not outcome determinative.”
  • U.S. v. Chaney, 23-30454, appeal from E.D. La.
    • Smith, J. (Smith, Clement, Higginson), criminal, guilty plea
    • Dismissing as barred by plea-agreement appeal-waiver the appeal of the defendant’s sentencing under the career offender sentencing guideline. “Applying the two-step analysis of Bond, we hold that Chaney knowingly and voluntarily waived his appeal and that the waiver covers his claims.”
  • U.S. v. Posligua, 24-40007, appeal from E.D. Tex.
    • Oldham, J. (Elrod, Oldham, Wilson), criminal, appellate jurisdiction
    • Dismissing appeal from district court’s judgment on limited remand from initial appeal that it had subject-matter jurisdiction. The defendant had argued in his initial appeal from his conviction and sentence that the district court had lacked subject matter jurisdiction, and the initial panel had ordered a limited remand to the district court to determine its subject matter jurisdiction; the defendant filed a second appeal from that judgment on remand, and the Court held that the district court’s limited-remand decision was not a final judgment, and that the panel on the initial appeal retained appellate jurisdiction over the defendant’s initial appeal.
  • Ayorinde v. Team Industrial Services Inc., 24-50185, appeal from W.D. Tex.
    • Higginson, J. (Elrod, Dennis, Higginson), employment discrimination, Title VII, Equal Pay Act, Age Discrimination in Employment Act
    • Affirming summary judgment in favor of plaintiff’s former employer on plaintiff’s employment discrimination claims.
    • The Court held that the district court did not err in dismissing the plaintiff’s Equal Pay Act claims, as he failed to allege sex discrimination. The Court held that the plaintiff failed to identify any evidence of circumstances giving rise to an inference of discrimination.

Unpublished

  • U.S. v. Betancurt, 24-10376, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Howard, 23-11213, appeal from N.D. Tex.
    • per curiam (Jolly, Jones, Willett), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Johnson, 23-11229, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Salas v. City of Galena Park, 24-20034, appeal from S.D. Tex.
    • per curiam (Jones, Barksdale, Ho), § 1983, timliness
    • Affirming dismissal of survivor plaintiffs’ claims arising from death in custody as untimely against an officer defendant and as not permitted by the remand order in a prior appeal as against the municipal defendant.
  • U.S. v. Woodson, 24-20195, appeal from S.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal, sentencing
    • Vacating sentence on revocation of supervised release, and remanding for amendment of written judgment.
  • Prosper v. City of Houston, 24-20225, appeal from S.D. Tex.
    • per curiam (Smith, Graves, Engelhardt), § 1983
    • Dismissing as frivolous appeal from denial of § 1983 claim.
  • U.S. v. Hernandez, 23-50170, appeal from W.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal, search and seizure
    • Affirming conviction of possession with intent to distribute 500 grams or more of methamphetamine, upholding denial of motion to suppress.
  • U.S. v. Gomez, 24-50201, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Perez-Jacome, 24-50306, appeal from W.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Chaves-Guevara v. Garland, 24-60008, petition for review of BIA order
    • per curiam (Jones, Barksdale, Ho), immigration
    • Denying Salvadoran citizens’ petition for review of BIA order upholding the immigration judge’s (IJ) denial of asylum, withholding of removal, and protection under the Convention Against Torture.