February 19, 2025, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Smith, 24-10496, appeal from N.D. Tex.
    • per curiam (Wiener, Higginson, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Cruz, 24-10526, appeal from N.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction.
  • U.S. v. Mason, 23-10777, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Adams, 24-20028, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
    • Affirming 275-month sentence on conviction of aiding and abetting interference with commerce by robbery, aiding and abetting the discharge of a firearm during a crime of violence, and aiding and abetting the brandishing of a firearm during a crime of violence.
  • U.S. v. Brown, 24-20266, appeal from S.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal
    • Affirming guilty plea conviction of aiding and abetting interference with commerce by robbery, and aiding and abetting using, carrying, and brandishing a firearm during and in relation to a crime of violence.
  • U.S. v. Kingston, 24-30372, appeal from W.D. La.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Glass, 24-30379, appeal from W.D. La.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
    • Affirming 37-month sentence on conviction of conspiracy to commit wire fraud in furtherance of falsifying Paycheck Protection Program and Economic Injury Disaster Loan applications and receiving benefits based on the fraudulent applications.
  • U.S. v. Caldwell, 24-30533, appeal from W.D. La.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ramirez, 24-40200, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal, sentencing
    • Vacating sentence on conviction of possession with intent to distribute five kilograms or more of cocaine, and remanding for resentencing.
  • Goosby v. Clark, 24-40445, appeal from S.D. Tex.
    • per curiam (Southwick, Willett, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s deliberate indifference claim.
  • U.S. v. McLean, 24-40500, c/w 24-40501, appeal from E.D. Tex.
    • per curiam (Richman, Douglas, Ramirez), criminal, compassionate release, sentence reduction, appellate jurisdiction
    • Dismissing for lack of appellate jurisdiction appeal from denial of twelve motions, including for compassionate release and for sentence reduction.
  • U.S. v. Garcia, 23-40717, appeal from S.D. Tex.
    • per curiam (Dennis, Haynes, Ramirez), Haynes, J., dissenting in part; criminal, sentencing
    • Affirming district court’s application of career offender enhancement, but finding plain error in calculation of criminal history points and remanding for resentencing.
    • Judge Haynes dissented in part. “To be clear, the guidelines range of 262-327 months determined by the district court was correct, and the majority opinion finds it correct. The issue of one criminal history point, rather than two, for the criminal trespass conviction did not affect that guidelines range because the district court correctly found that the career offender enhancement applied.”
  • U.S. v. Torre-Barrera, 24-50421, appeal from W.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal
    • Affirming conviction of possession of a firearm by an illegal alien.
  • U.S. v. Mireles, 23-50601, appeal from W.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • Licona-Acosta v. Bondi, 24-60317, petition for review of BIA order
    • per curiam (Barksdale, Stewart, Ramirez), immigration
    • Denying Honduran citizen’s petition for review of BIA order dismissing his appeal of an immigration judge’s (IJ) denial of statutory withholding of removal and protection under the Convention Against Torture.
  • Okorie v. PriorityOne Bank, 24-60472, appeal from S.D. Miss.
    • per curiam (Jolly, Jones, Willett), bankruptcy, appellate jurisdiction
    • Dismissing for lack of appellate jurisdiction appeal from interlocutory order of the bankruptcy court.