January 13, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Curry, 22-11084, appeal from N.D. Tex.
    • Richman, J. (Richman, Haynes, Duncan), criminal, sentencing, Armed Career Criminal Act
    • Affirming constitutionality of conviction of possession of a firearm by a felon, and affirming for lack of plain error the 262-month sentence upon application of Armed Career Criminal Act.
  • U.S. v. Austin, 24-30039, appeal from E.D. La.
    • Oldham, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release
    • Affirming denial of motion for compassionate release, holding that a non-retroactive change in the law is not an extraordinary and compelling reason to reduce his sentence.
  • U.S. v. Turner, 23-50461, appeal from W.D. Tex.
    • Willett, J. (Willett, Douglas, Morales, by designation), criminal, search and seizure
    • Affirming conviction for possession of a firearm in furtherance of a drug trafficking crime and possession with intent to distribute less than 50 kilograms of marijuana, and upholding denial of motion to suppress where officers obtained a search warrant based on an initial protective sweep that revealed multiple firearms and loaded magazines in plain view.
  • U.S. v. Quiroz, 22-50834, appeal from W.D. Tex.
    • Richman, J. (King, Richman, Higginson), criminal, Second Amendment
    • Reversing district court’s dismissal of defendant’s indictment for receiving a firearm while under indictment for a felony as facially unconstitutional, holding that the statute “is consistent with the nation’s historical tradition of firearms regulation.”
  • U.S. v. Contreras, 23-50840, c/w 23-50845, appeal from W.D. Tex.
    • Graves, J. (Richman, Graves, Ramirez), criminal, Second Amendment
    • Affirming conviction of possession of a firearm by a felon, holding that the statute is both facially constitutional and constitutional as applied to the defendant.

Unpublished

  • U.S. v. Esquivel-Madrigal, 24-10441, appeal from N.D. Tex.
    • per curiam (Wiener, Higginson, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Martinez-Romero, 24-10593, appeal from N.D. Tex.
    • per curiam (Dennis, Ho, Oldham), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • Latson v. Baker, 22-20465, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 claims.
  • Laird v. Spencer, 20-30237, appeal from M.D. La.
    • per curiam (King, Richman, Engelhardt), Americans with Disabilities Act, judicial immunity
    • Affirming dismissal of plaintiff’s ADA claims as barred by judicial immunity.
  • Ingram Barge Co. v. Harris, 24-30410, appeal from E.D. La.
    • per curiam (Davis, Stewart, Southwick), maritime law
    • Affirming summary judgment that there was no genuine dispute that deckhand’s injuries were not caused by a collision between the vessel he was working on and another vessel.
  • U.S. v. Herrera, 24-40451, appeal from E.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Dismissing appeal of sentence, on basis of appeal-waiver in guilty plea agreement.
  • Smart v. EDCO Properties, Inc., 24-50253, appeal from W.D. Tex.
    • per curiam (Dennis, Ho, Oldham), § 1981
    • Affirming dismissal of plaintiff’s § 1981 claims arising from fee imposed with regard to default of mortgage.
  • Santos v. Garland, 23-60168, petition for review of BIA order
    • per curiam (Jones, Barksdale, Ho), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order upholding the denial of her application for asylum and withholding of removal.
  • De Molina v. Garland, 24-60305, petition for review of BIA order
    • per curiam (Higginson, Oldham, Douglas), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order dismissing her appeal from an order of an Immigration Judge (IJ) denying her application for asylum, withholding of removal, and protection under the CAT.
  • Contreras v. Garland, 23-60325, petition for review of BIA order
    • per curiam (Richman, Graves, Ramirez), immigration
    • Denying Salvadoran citizen’s petition for review of BIA’s denial of her applications for withholding and cancellation of removal.