December 6, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Borino, 22-30747, appeal from E.D. La.
    • Engelhardt, J. (Smith, Engelhardt, Ramirez), criminal, restitution
    • Affirming $21 million restitution award imposed jointly and severally on defendant with defendant in another section of the district court in a separate criminal proceeding, on guilty plea conviction of misprison of a felony (wire fraud).
  • U.S. v. Vega-Santos, 23-50309, appeal from W.D. Tex.
    • Stewart, J. (Smith, Stewart, Duncan), criminal, sentencing
    • Vacating special condition of sentence requiring defendant to participate in sex offender treatment if recommended by an evaluator, on basis that condition impermissibly delegated the district court’s sentencing authority, and remanding for resentencing.

Unpublished

  • Anaya v. Schlumberger Technology Corp., 24-20170, appeal from S.D. Tex.
    • per curiam (Clement, Graves, Willett), personal tort, diversity jurisdiction
    • Affirming denial of motion to remand personal injury case after it was removed on diversity jurisdiction grounds.
  • Miller v. The Kroger Co., 24-20182, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Duncan), personal tort
    • Affirming dismissal of slip-and-fall claim.
  • U.S. v. Hunter, 24-20211, appeal from S.D. Tex.
    • per curiam (Davis, Smith, Higginson), criminal, sentencing
    • Dismissing appeal of sentencing condition in part as barred by appeal waiver, and affirming sentence in part.
  • Jeansonne v. Dwight, 24-30437, appeal from W.D. La.
    • per curiam (Ho, Engelhardt, Douglas), § 1983
    • Vacating dismissal of § 1983 challenge to certain Louisiana sex-offender registry requirements as Heck-barred, insofar as the challenge was to state laws wholly unrelated to the federal Sex Offender Registration and Notification Act.
  • U.S. v. Alvarez, 23-40085, c/w U.S. v. Campos-Espinosa, 23-40156, appeal from S.D. Tex.
    • per curiam (Clement, Graves, Willett), criminal, sentencing
    • Affirming conviction of one co-defendant in drug-trafficking and money-laundering case; affirming sentence of another co-defendant; and vacating one of the charges against a third co-defendant and remanding for his resentencing.
  • U.S. v. Garcia-Hernandez, 24-40370, appeal from S.D. Tex.
    • per curiam (Elrod, Smith, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Black, 24-50049, c/w 24-50054, appeal from W.D. Tex.
    • per curiam (Richman, Douglas, Ramirez), criminal, sentencing
    • Affirming 36-month sentence on revocation of supervised release.
  • U.S. v. Guerrero, 24-50059, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Affirming 60-month sentence on revocation of supervised release.
  • U.S. v. Meza, 24-50090, appeal from W.D. Tex.
    • per curiam (Davis, Stewart, Southwick), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to possess with intent to distribute cocaine.
  • U.S. v. Allen, 24-50361, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.