January 29, 2026, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Lockhart, 24-11081, appeal from N.D. Tex.
    • Smith, J. (Elrod, Smith, Wilson) (oral argument), coram nobis
    • Affirming denial of writ of coram nobis seeking vacatur of conviction for wire fraud and bank fraud and or restitution award on basis of IAC.
    • Eugene Lockhart, who pleaded guilty to wire and bank fraud and was sentenced to 54 months in prison and a restitution order of $2,436,079, argued that his counsel’s failure to appeal the restitution order constituted ineffective assistance of counsel. The Fifth Circuit held that, while the district court did have jurisdiction to consider Lockhart’s attempt to vacate his conviction (which, if successful, would also nullify the restitution order), Lockhart failed to exercise the “reasonable diligence” required for coram nobis relief by waiting more than six years after his supervised release ended to file his petition. Because this unjustified delay barred the extraordinary remedy, the court affirmed the denial of relief.
  • U.S. v. Davalos, 24-50925, appeal from W.D. Tex.
    • Smith, J. (Smith, Stewart, Haynes) (oral argument), criminal, search and seizure
    • Affirming conviction of possession of a firearm by a felon, and upholding denial of motion to suppress.
    • The Court affirmed the denial of Davalos’s motion to suppress evidence obtained from a warrantless search of his car after a traffic stop. The Court held that the trooper’s actions did not violate the Fourth Amendment because the officer lawfully stopped Davalos for a traffic violation, approached the vehicle for officer safety, and developed probable cause to search based on the odor of marijuana, Davalos’s admissions, and observations of the vehicle (including a tampered door panel). The Court also found exigent circumstances justified the search, and thus the officer’s conduct did not run afoul of constitutional protections; the convictions based on marijuana and a firearm found in the car were affirmed.

Unpublished decisions

  • U.S. v. Dudley, 25-10790, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Engelhardt) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Evans, 25-10854, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Wilson) (no oral argument), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • Cyanco International, L.L.C. v. Minerales de Occidente, S.A. de C.V., 25-20087, appeal from S.D. Tex.
    • Smith, J. (Smith, Stewart, Haynes) (oral argument), breach of contract
    • Reversing grant of summary judgment to defendant on breach of contract claim between parties on supply of sodium cyanide and the maintenance of a sodium importation license, and remanding for further proceedings.
  • U.S. v. Green, 25-20249, appeal from S.D. Tex.
    • per curiam (Wiener, Willett, Wilson) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Balderas, 25-20305, appeal from S.D. Tex.
    • per curiam (Elrod, Higginson, Ramirez) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Townsend v. Guerrero, 25-20372, appeal from S.D. Tex.
    • per curiam (Stewart, Willett, Wilson) (no oral argument), habeas corpus
    • Denying motion for certificate of appealability from district court’s dismissal of § 2254 petition.
  • U.S. v. Scott, 25-60356, appeal from S.D. Miss.
    • per curiam (Wiener, Willett, Wilson) (no oral argument), criminal
    • Dismissing appeal from restitution award, on basis of appeal-waiver in plea agreement.