Unpublished per curiam (Smith, Barksdale, Haynes), criminal, sentencing, Armed Career Criminal Act Affirming 180-month sentence on conviction of being a felon in possession of a firearm, applying ACCA enhancement based on four prior Texas convictions for aggravated robbery with a deadly weapon. per curiam (Smith, Barksdale, Haynes), criminal, restitution Affirming restitution award for losses stemming … More December 16, 2022, opinions
Designated for publication Ho, J. (Richman, Ho, Engelhardt), Richman, C.J., concurring; immigration Denying Salvadoran citizen’s petition for review of BIA order affirming IJ’s denial of motion to reopen proceedings for removal in absentia. The Court held that the IJ did not err in finding that the failure to provide the petitioner with a Notice to … More December 15, 2022, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), foreign discovery Reversing 28 U.S.C. § 1782(a) order for foreign discovery, and remanding for further proceedings. The Court held that the district court “misconstrued our precedent and erroneously rebuffed respondents’ challenge” to a discovery order’s “validity pursuant to statutory requirements and the Supreme Court’s ‘Intel factors.’” (Citing … More December 13, 2022, opinions
Unpublished per curiam (Higginbotham, Graves, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Southwick, Engelhardt), jurisdiction, sanctions Affirming dismissal of suit for lack of federal question or diversity jurisdiction, but vacating sanction of pre-filing injunction as to future suits and remanding for considering less stringent sanctions or a sanction warning. … More December 12, 2022, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, search and seizure, sentencing Affirming conviction and 16-month sentence for smuggling bulk cash, and upholding denial of motion to suppress evidence obtained from a border search while defendant attempted enter Mexico from the United States. After being pulled over at the border, officers noticed the defendant … More December 9, 2022, opinions
Designated for publication per curiam (Higginbotham, Duncan, Engelhardt), Rule 60, recusal Affirming denial of Rule 60 motion filed for reconsideration of judgment dismissing claims arising from arrest and incarceration, which motion was filed after the clerk of court notified the parties years after the judgment that the presiding judge had owned stock in one of … More December 8, 2022, opinions
Unpublished per curiam (Dennis, Elrod, decided by quorum), intervention Reversing district court’s denial of intervention-of-right to five entities involved in the electric transmission market in case brought to challenge constitutionality of Texas statute providing a regulatory right of first refusal to the owner of an existing utility facility for the connection of new electric transmission … More December 7, 2022, opinions
Unpublished per curiam (Richman, Dennis, Ho), immigration Denying Honduran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of motion to reopen and to rescind absentia order of removal. per curiam (King, Stewart, Haynes), criminal, sentencing Affirming 120-month sentence and conviction for illegal reentry. per curiam (Higginbotham, Duncan, Engelhardt), products liability Affirming … More December 6, 2022, opinions
Designated for publication per curiam (Dennis, Elrod, Ho), criminal, sentencing, Armed Career Criminal Act Affirming 180-month sentence on guilty plea conviction of being a felon in possession of a firearm, upholding the application of the ACCA and rejecting arguments that prior Mississippi burglary convictions were not crimes of violence for ACCA purposes and that convictions … More December 5, 2022, opinions
Designated for publication per curiam (Soutwick, Oldham, Wilson), immigration Denying petition for rehearing of August 3 decision, and substituting new opinion denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ decision denying motion to reopen; the Court held that the petitioner’s receipt of a Notice of Hearing after an allegedly defective … More December 1-2, 2022, opinions
