February 18, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Fucito, 23-20260, appeal from S.D. Tex.
    • Duncan, J. (Dennis, Willett, Duncan), criminal, sentencing
    • Affirming 240-month sentence on conviction of conspiracy to receive and distribute child pornography.
    • The Court held “that (1) United States v. Halverson, 897 F.3d 645 (5th Cir. 2018), does not require a defendant to actually receive ‘valuable consideration’ in exchange for distributing child pornography under United States Sentencing Guideline (USSG) § 2G2.2(b)(3)(B); and (2) duplicate electronic images count as distinct images for purposes of USSG § 2G2.2(b)(7)(D).”

Unpublished

  • U.S v. Washington, 22-10574, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), Haynes, J., concurring in affirmance of conviction but would remand to district court for resentencing in the first instance; criminal, sentencing
    • On remand from the U.S. Supreme Court, affirming conviction and sentence, holding that any sentencing error was harmless: “Washington by his guilty plea waived any defect in the indictment concerning his prior offenses, and any error therein is harmless.”
  • Edenfield v. New Orleans, 24-30332, appeal from E.D. La.
    • per curiam (Elrod, Jones, Stewart), civil
    • Affirming magistrate judge’s judgment, without any description of the subject-matter of the case or the issue on appeal.
  • U.S. v. Goings, 24-30365, appeal from W.D. La.
    • per curiam (Graves, Willett, Wilson), criminal, restitution
    • Affirming denial of motion to stay scheduled restitution payments.
  • Lavigne v. Hooper, 23-30807, appeal from M.D. La.
    • per curiam (Clement, Graves, Willett), habeas corpus
    • Affirming denial of habeas relief on ineffective assistance of counsel claim, and affirming denial of evidentiary hearing, holding “that while trial counsel was deficient, that deficiency did not cause any prejudice, foreclosing an ineffective-assistance-of-counsel claim.”
  • U.S. v. Coopmans, 24-40379, appeal from E.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Goodwin, 24-50216, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Guillory v. Reed, 24-50711, appeal from W.D. Tex.
    • per curiam (Jones, Duncan, Douglas), prisoner suit
    • Dismissing for lack of appellate jurisdiction, as untimely, appeal from summary judgment dismissal of Texas state prisoner’s claims.
  • In re Mendez, 24-40753, motion to authorize successive 2254 petition in S.D. Tex.
    • per curiam (Stewart, Southwick, Higginson), habeas corpus
    • Denying motion to bring successive sec. 2254 petition.