Designated for publication Vazquez-Guerra v. Garland, 18-60828, petition for review of BIA order Ho, J. (Smith, Graves, Ho), immigration Denying petition for review of Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order denying asylum and withholding of removal for her and her minor daughter based on an expressed fear that … More July 29, 2021 opinions
Designated for publication U.S. v. Jackson, 19-10627, appeal from N.D. Tex. per curiam (Wiener, Elrod, Higginson), criminal, crime of violence Vacating conviction of using a facility in aid of a racketeering enterprise with intent to commit a “crime of violence”; holding that predicate offense of sex trafficking of children is not a “crime of violence,” … More July 27-28, 2021 opinions
Designated for publication U.S. v. Sharp, 20-60437, appeal from N.D. Miss. Costa, J. (Jones, Southwick, Costa), criminal, search and seizure, sufficiency of evidence, severance, Confrontation Clause, right to counsel Affirming conviction on fifteen drug trafficking and firearms counts arising from three separate incidents. The Court held there was no clear error in the district court’s … More July 26, 2021 opinions
Unpublished Bowling v. Willis, 19-40914, appeal from E.D. Tex. per curiam (Jones, Barksdale, Stewart), vexatious litigant Dismissing appeal in part, and affirming in part, district court’s declaration of plaintiff as a vexatious litigant and issuance of a pre-filing injunction requiring court approval prior to any filings. U.S. v. Herrera, 20-10720, appeal from N.D. Tex. per … More July 22, 2021 opinions
Designated for publication Landry’s, Inc. v. The Insurance Co. of the State of Pennsylvania, 19-20430, appeal from S.D. Tex. Oldham, J. (Smith, Oldham; Ho, recused, op. by quorum); insurance Reversing district court’s summary judgment that insurer did not have a duty to defend retail chain that was defending itself against a claim by the processing … More July 21, 2021 opinions
Designated for publication U.S. v. Hudgens, 19-50628, appeal from W.D. Tex. Clement, J. (Jones, Clement, Graves), Graves, J., dissenting; criminal, sentencing Affirming 240-month sentence on guilty plea to two counts of conspiracy to possess with intent to distribute heroin and methamphetamine. Defendant had provided heroin to his girlfriend, who immediately began to show signs of … More July 16, 2021 opinions
Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Vacating certificate of appealability and dismissing appeal. “A judge on our court granted Adrian Castro a certificate of appealability. It’s undisputed that the COA is invalid under 28 U.S.C. § 2253(c)(2)–(3) because it fails to specify a … More July 14, 2021 opinions
Designated for publication U.S. v. Gaspar-Felipe, 19-50997, appeal from W.D. Tex. Duncan, J. (Jones, Costa, Duncan), criminal, sentencing, Confrontation Clause, sufficiency of evidence Affirming convictions and 78-month sentence for defendant’s role in an alien smuggling operations in which the person being smuggled died. The Court held that there was no Confrontation Clause violation in the … More July 13, 2021 opinions
Designated for publication Singh v. Garland, 19-60937, petition for review of BIA order Higginbotham, J. (Higginbotham, Southwick, Willett), immigration Granting stay pending review of petition for review of BIA order dismissing Indian citizen’s appeal of IJ decision denying his application for asylum and protection under the Convention Against Torture and finding petitioner not credible. Petitioner’s … More July 12, 2021 opinions
Designated for publication Goodrich v. U.S., 20-30422, appeal from W.D. La. Stewart, J. (Higginbotham, Stewart, Wilson), tax, successions Certifying questions of Louisiana successions law to Louisiana Supreme Court in order to resolve issue of plaintiffs’ standing to challenge IRS’s levy on the plaintiffs’ father’s succession account. When plaintiffs’ mother died, she left her interest in … More July 6, 2021 opinions
Take the Fifth 