December 4, 2024, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Perez, 24-10099, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction.
  • Pickett v. Texas Tech University Health Sciences Center, 24-10304, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), Americans with Disabilities Act, § 1983
    • Affirming dismissal of former nursing student’s ADA and § 1983 claims arising from student’s dismissal from academic program.
  • U.S. v. Fuentes, 23-10415, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Affirming conviction for possessing a firearm as an illegal alien.
  • U.S. v. Garcia, 24-10418, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Jones, 24-10534, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Barajas, 23-10853, appeal from N.D. Tex.
    • per curiam (Clement, Graves, Willett), habeas corpus, ineffective assistance of counsel
    • Affirming denial of § 2255 petition asserting IAC claim.
  • U.S. v. Thomas, 24-30159, appeal from W.D. La.
    • per curiam (Dennis, Haynes, Ramirez), criminal, sentencing
    • Vacating defendant’s sentence due to district court’s prohibition on the defendant speaking during the sentencing phase of his revocation hearing, finding this constituted plain error, and remanding for resentencing.
  • U.S. v. Aikens, 23-30196, appeal from W.D. La.
    • per curiam (Ho, Engelhardt, Douglas), criminal, jury instructions
    • Affirming defendant’s conviction of making a destructive device, possession of an unlawful destructive device, use of an explosive device to commit a felony, and conveying false information, finding no error in the district court’s jury instructions.
  • U.S. v. Tyler, 23-30370, appeal from W.D. La.
    • per curiam (Clement, Graves, Willett), criminal, sentencing
    • Reversing sentence on conviction of conspiracy to possess with the intent to distribute methamphetamine, holding that the evidentiary record does not support the assigned drug-weight responsibility, and remanding for resentencing.
  • U.S. v. Hernandez, 24-50072, appeal from W.D. Tex.
    • per curiam (Clement, Graves, Willett), criminal, sentencing
    • Affirming in part, vacating in part, and remanding for resentencing in sentence on conviction of eight counts of possession with the intent to distribute cocaine, on finding that defendants was sentenced above the statutory maximum on five of the counts.