November 26, 2025, opinions

Posted on by tadbartlett

Published decisions

  • Gutierrez v. Bondi, 25-60646, petition for review of BIA order
    • per curiam (Smith, Haynes, Oldham) (no oral argument), Haynes, J., dissenting in footnote; immigration
    • Denying motion for stay of removal, on basis that “[e]quitable relief—even if it is ‘temporary’ or ‘short’—is never a matter of right or convenience.”
    • In a footnote, Judge Haynes expressed her disagreement, and “would grant a short temporary stay of removal to allow time to review this issue.”
  • U.S. v. Ducksworth, 24-60473, appeal from S.D. Miss.
    • Ramirez, J. (Smith, Stewart, Ramirez) (oral argument), criminal, search and seizure, sufficiency of evidence
    • Affirming conviction of possession of a firearm by a felon, upholding denial of motion to suppress.
    • In 2021, a police officer in Hattiesburg stopped a vehicle for a defective tag light. During a pat-down of the driver, the officer discovered a concealed firearm; the driver later admitted it was a gun. The officer then ordered the passenger, Andrew Ducksworth, to exit the car and—despite Ducksworth’s claim of being paralyzed from the waist down—began a pat-down. The officer felt a hard object between Ducksworth’s legs and, after backup arrived, recovered a loaded firearm. Ducksworth was a convicted felon. He was charged under 18 U.S.C. § 922(g)(1), but moved to suppress the firearm (arguing the pat-down lacked reasonable suspicion) and to dismiss the indictment on Second Amendment grounds. The district court denied both motions. At a bench trial, Ducksworth stipulated to all elements of the offense, presented no evidence, was found guilty, and sentenced to 36 months’ imprisonment plus three years’ supervised release.
    • On appeal, the Fifth Circuit affirmed. The court held that, given the totality of the circumstances—including the driver’s concealed firearm, his dishonesty about it, the high-crime area, and safety concerns—the officer had reasonable, individualized suspicion to pat-down Ducksworth under the Fourth Amendment. It rejected Ducksworth’s reliance on Ybarra v. Illinois because a vehicle passenger—unlike an unwitting tavern patron—may be subject to a pat-down when the driver is independently suspected of criminal activity. The court also found no merit to Ducksworth’s sufficiency-of-the-evidence challenge: his prior felony stipulation satisfied the statutory requirement, and he presented no basis for plain-error relief. Finally, the court ruled that neither his facial nor as-applied Second Amendment challenge to § 922(g)(1) succeeded, given that precedent (including United States v. Diaz) forecloses such challenges in his circumstances.

Unpublished decisions

  • U.S. v. De La Hoya, 25-10590, appeal from N.D. Tex.
    • per curiam (Wiener, Willett, Wilson) (no oral argument), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • U.S. v. Mohamad, 25-40295, appeal from E.D. Tex.
    • per curiam (Smith, Willett, Wilson) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Martin v. City of Las Vegas, 25-50216, appeal from W.D. Tex.
    • per curiam (King, Haynes, Ho) (no oral argument), sec. 1983
    • Dismissing appeal from dismissal of sec. 1983 claims.
  • U.S. v. Garcia-Zamora, 25-50443, appeal from W.D. Tex.
    • per curiam (Richman, Southwick, Willett) (no oral argument), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.