Tag: guilty plea

Take the Fifth: Feb. 1 and 2, 2021 opinions

February 3, 2021

Designated for publication Tibakweitira v. Wilkinson, 18-60459, petition for review of BIA order Engelhardt, J. (Haynes, Duncan, Engelhardt), immigration Dismissing in part and denying in part Tanzanian citizen’s petitions for review of a BIA order dismissing his appeal from the IJ decision denying his application for withholding of removal and protection under the Convention Against … More Take the Fifth: Feb. 1 and 2, 2021 opinions

Take the Fifth: Jan. 25 and 26, 2021 opinions

January 27, 2021

Designated for publication U.S. v. Coto-Mendoza, 20-10451, appeal from N.D. Tex. Haynes, J. (Haynes, Duncan, Engelhardt), criminal, sentencing Affirming 37-month prison sentence on guilty plea of illegal reentry, finding that district court’s sentence was not procedurally unreasonable on the basis of the district court’s explanation of its sentencing decision. Defendant, an El Salvadoran citizen, had … More Take the Fifth: Jan. 25 and 26, 2021 opinions

Take the Fifth: Jan. 14, 2021 opinions

January 15, 2021

Designated for publication Evolve Federal Credit Union v. Barragan-Flores, 18-50420, appeal from W.D. Tex. Owen, C.J. (Owen, Wiener, Dennis), bankruptcy Affirming district court’s reversal of bankruptcy court’s approval of plan that allowed debtor to retain one of two vehicles that had been cross-collateralized to secure loans on both vehicles. The debtor had financed the purchase … More Take the Fifth: Jan. 14, 2021 opinions

Take the Fifth: Dec. 21-24 opinions

January 4, 2021

Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 opinions

Take the Fifth: Dec. 16, 2020 opinions

December 17, 2020

Unpublished Union Pacific Railroad Company v. American Railway and Airway Supervisors’ Association, 18-50110, appeal from W.D. Tex. per curiam (Owen, King, Stewart), Owen, C.J., dissenting; labor law, employment law Reversing district court’s vacatur of Public Law Board’s order to reinstate employee on finding that positive drug test was a false-positive, and remanding for further proceedings. … More Take the Fifth: Dec. 16, 2020 opinions

Take the Fifth: Dec. 11 and 14, 2020 opinions

December 15, 2020

Designated for publication Stelly v. Duriso, 19-20160, appeal from S.D. Tex. Haynes, J. (Jones, Haynes, Ho), Ho. J., concurring in part; intentional infliction of emotional distress, employment discrimination Vacating district court’s default judgment in favor of plaintiff on intentional infliction of emotional distress (“IIED”) claim against individual defendant in lawsuit against unions and maritime association … More Take the Fifth: Dec. 11 and 14, 2020 opinions

Take the Fifth: Dec. 9 opinions

December 10, 2020

Unpublished U.S. v. Castaneda, 19-10687, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming within-Guidelines sentence of 180 months for conviction of possession with intent to distribute more than 50 grams of methamphetamine. U.S. v. Love, 19-11331, appeal from N.D. Tex. per curiam (Jones, Barksdale, Stewart), criminal, sentencing Affirming conviction and sentence … More Take the Fifth: Dec. 9 opinions

Take the Fifth: Nov. 24, 2020 opinions

November 25, 2020

Designated for publication Smith v. Wal-Mart Stores, Inc., 19-20818, appeal from S.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), defamation Affirming summary judgment in favor of Wal-Mart on plaintiff’s defamation claim for being misidentified as a shoplifter by a Wal-Mart employee. Court held that, under standard necessary to overcome the qualified privilege under Texas law that … More Take the Fifth: Nov. 24, 2020 opinions

Take the Fifth: Nov. 9 and 10, 2020 opinions

November 11, 2020

Designated for publication U.S. v. Cooper, 19-50119, appeal from W.D. Tex. Elrod, J. (Elrod, Duncan, Wilson), criminal, guilty plea Affirming conviction on use or possession of a firearm in furtherance of a drug trafficking offense, where defendant had pled guilty, finding sufficient factual bases to support plea; but remanding to correct that plea was to … More Take the Fifth: Nov. 9 and 10, 2020 opinions

Take the Fifth: Oct. 27, 2020 opinions

October 28, 2020

Designated for publication U.S. v. Ramirez, 19-20098, appeal from S.D. Tex. Oldham, J. (Smith, Clement, Oldham), criminal, sentencing Affirming the district court’s sentencing of defendant to 300 months’ imprisonment for health care fraud. Court held that there was no error in district court’s reliance on presentencing report to impose a 26-point adjustment to defendant’s sentencing … More Take the Fifth: Oct. 27, 2020 opinions