Tag: habeas corpus

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. 22, 2021 opinions

January 24, 2021

Designated foro publication U.S. v. Warren, 19-10805, appeal from N.D. Tex. Willett, J. (Wiener, Costa, Willett), criminal, fraud, sufficiency of evidence, sentencing Affirming conviction and sentence of 114 months and 102 months for two defendants on eight counts arising from fraudulent telemarketing scam to ostensibly cancel timeshares. The Court held that there was sufficient evidence … More Take the Fifth: Jan. 22, 2021 opinions

Take the Fifth: Jan. 20, 2021 opinions

January 21, 2021

Designated for publication Gonzalez v. CoreCivic, Inc., 19-50691, appeal from W.D. Tex. Ho, J. (Smith, Ho, Oldham), Ho, J., additionally concurring, Oldham, J., dissenting; Trafficking Victims Protection Act Affirming district court’s denial of defendant’s motion to dismiss claim by immigrant detainee in its facility who brought claims that defendant’s work program was involuntary and a … More Take the Fifth: Jan. 20, 2021 opinions

Take the Fifth: Jan. 12 and 13, 2021 opinions

January 14, 2021

Designated for publication U.S. v. Parkerson, 19-10780, appeal from N.D. Tex. Jolly, J. (Jolly, Southwick, Wilson), criminal, sentencing Affirming 120-month statutory maximum prison term for failure to register as a sex offender where sentencing guidelines range was 18-24 months. The presentencing report (“PSR”) referred to an excerpt from a police report of an incident where … More Take the Fifth: Jan. 12 and 13, 2021 opinions

Take the Fifth: Jan. 1 – 11, 2021 opinions

January 12, 2021

Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions

Take the Fifth: Dec. 26-31, 2020 opinions

January 9, 2021

Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 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. 15, 2020 opinions

December 16, 2020

Designated for publication Cohen v. Gilmore, 19-20152, appeal from S.D. Tex. Graves, J. (Graves, Costa, Engelhardt), fraudulent transfer Affirming in part and vacating in part rulings of the state trial court entered prior to bankruptcy removal, and remanding to the federal district court for further proceedings. Plaintiff brought claim for fraudulent transfer in a real … More Take the Fifth: Dec. 15, 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. 7 and 8, 2020 opinions

December 10, 2020

Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions