Designated for publication U.S. v. Martinez, 21-30068, appeal from W.D. La. Davis, J. (Davis, Jones, Elrod), criminal, search and seizure Affirming denial of motion to suppress evidence seized from USPS packages; defendant had argued that reasonable suspicion did not exist to detain the packages, and that the 17-day delay between their detention and the search … More February 1, 2022, opinions
Designated for publication U.S. v. Martinez, 20-11016, appeal from N.D. Tex. Costa, J. (Elrod, Southwick, Costa), criminal, sentencing Vacating sentence on conviction for drug conspiracy, and remanding for resentencing under new calculation of amount of money involved. Defendant owned a tobacco shop, and various drugs and drug paraphernalia were found in the back of his … More August 27, 2021 opinions
Unpublished U.S. v. Mafo, 20-11090, appeal from N.D. Tex. per curiam (Southwick, Oldham, Wilson), criminal, restitution Affirming restitution award of $1,999,083 as part of sentence on guilty-plea conviction of wire fraud. U.S. v. Pineda, 20-40664, appeal from E.D. Tex. per curiam (Smith, Stewart, Graves), criminal, compassionate release Affirming district court’s denial of motion for compassionate … More August 18, 2021 opinions
Designated for publication Nguyen v. Garland, 19-60342, petition for review of BIA order Graves, J. (Jones, Clement, Graves), immigration Denying Vietnamese citizen’s petition for review of BIA decision that affirmed the ruling of an immigration judge who had found that Mr. Nguyen was subject to removal from the United States because he had been convicted … More Take the Fifth: May 12, 2021 opinions
Designated for publication U.S. v. Williams, 20-40157, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), criminal, restitution Affirming restitution award of more than $2 million for defendant on guilty plea conviction of four counts of wire fraud involving purported sales of cattle in which defendant absconded with the money without producing the cattle. “The … More Take the Fifth: April 14, 2021 opinions
Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions
Designated for publication U.S. v. Dubin, 19-50912, appeal from W.D. Tex. per curiam (En banc), criminal, fraud, sufficiency of evidence, timeliness, restitution, sentencing Ordering case to be reheard en banc, vacating December 4 panel opinion (Barksdale, Elrod, Ho; Elrod, concurring) that affirmed conviction and sentence for defendants’ charged scheme to defraud Texas’s Medicaid program. Jones v. Michaels Stores, Inc., … More Take the Fifth: March 15, 2021 opinions
Designated for publication U.S. v. Kim, 18-51024, appeal from W.D. Tex. Dennis, J. (Dennis, Southwick, Ho), criminal, sentencing, restitution Vacating restitution order and remanding for redetermination, but dismissing appeal regarding application of sentencing enhancement as barred by the guilty-plea appeal waiver. Defendant pled guilty to one count of criminal copyright infringement; the district court sentenced … More Take the Fifth: Feb. 19, 2021 opinions
Designated for publication Echeverry v. Jazz Casino Co., 20-30038, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Wilson), negligence, damages, sufficiency of evidence On petition for rehearing, withdrawing January 11 panel opinion and replacing with new opinion with same outcome: Affirming district court’s denial of defendant’s motion for judgment as a matter of law and … More Take the Fifth: Feb. 17, 2021 opinions
Designated for publication U.S. v. Whitehead, 19-11275, appeal from N.D. Tex. Higginson, J. (Clement, Higginson, Engelhardt), criminal, First Step Act Affirming district court’s denial of resentencing of defendant under the First Step Act, who had been sentenced originally in 2007 to a mandatory life sentence for possession with intent to distribute more than 50 grams … More Take the Fifth: Jan. 21, 2021 opinions
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