January 15-16, 2025, opinions

Designated for publication

  • U.S. v. Fatani, 23-20491, appeal from S.D. Tex.
    • Elrod, C.J. (Elrod, Dennis, Higginson), criminal, sentencing, sufficiency of evidence
    • Affirming conviction and 36-month sentence for wire fraud arising from fraudulent loan scheme involving the Paycheck Protection Program, but remanding for correction of a clerical error in the judgment.
  • U.S. v. Le, 23-30888, appeal from E.D. La.
    • Wilson, J. (Jolly, Graves, Wilson), criminal, sentencing
    • Vacating sentence based on enhancement for maintaining a premises for the purpose of manufacturing or distributing a controlled substance, where it was based solely on the defendant’s statement that he “used” the premises but did not also indicate that he “maintained” it, and remanding for resentencing on methamphetamine conviction; otherwise affirming conviction and remaining portion of sentence.

Unpublished

  • Evans v. Evans, 24-60152, appeal from S.D. Miss.
    • per curiam (Jones, Oldham, Hendrix, by designation), settlement agreement
    • Affirming grant of motion to enforce settlement agreement between two brothers in dispute regarding their LLC.
  • U.S. v. Espinoza-Salamanca, 24-10344, appeal from N.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Bosley, 24-10566, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Osinowo, 24-30373, appeal from M.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Underwood, 24-30419, appeal from W.D. La.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Affirming constitutionality of conviction of being a felon in possession of a firearm.
  • U.S. v. Velez, 24-40019, appeal from E.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal, sufficiency of evidence
    • Affirming conviction of conspiracy to possesses with intent to manufacture and distribute methamphetamine.
  • U.S. v. Torres-Benavides, 23-40381, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Evans, 24-50341, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming supervised release conditions as part of sentence for highspeed flight from an immigration checkpoint.
  • U.S. v. Maradiaga-Sanchez, 24-50393, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction of 50-month sentence for illegal reentry.
  • U.S. v. Felix-Vargas, 24-50474, c/w 24-50475, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Cervantes v. Garland, 24-60264, petition for review of BIA order
    • per curiam (Higginbotham, Jones, Oldham), immigration
    • Denying Mexican citizen’s petition for review of BIA order upholding the denial of cancellation of removal under 8 U.S.C. § 1229b(b)(1).