Designated for publication Southwick, J. (Jones, Southwick, Ho), criminal, sufficiency of evidence, search and seizure Affirming in part, reversing in part, and remanding; affirming conviction of _________; reversing conviction of for insufficient evidence; and remanding for Government to elect between overlapping counts of ________. The Court found no reversible error in the district court’s denial … More December 19, 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 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 Willett, J. (Graves, Willett, Engelhardt), breach of contract In adversary suit in PetroQuest bankruptcy, affirming summary judgment issued by bankruptcy court and affirmed by district court that Sanare did acquire an offshore mineral lease, wells on that lease, and a platform from which those wells were operated, under the terms of a … More November 29, 2022, opinions
Unpublished per curiam (Haynes, Engelhardt, Oldham), Rooker-Feldman doctrine Dismissing as frivolous appeal from dismissal of RICO claims under the Rooker-Feldman doctrine. per curiam (Smith, Dennis, Southwick), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jolly, Oldham, Wilson), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Haynes, … More October 24, 2022, opinions
Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions
Designated for publication Smith, J. (Smith, Duncan, Oldham), Oldham, J., dissenting; immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order that IJ lacked jurisdiction to decide application for cancelation of a reinstatement of removal under the Violence Against Women Act. The Court held that, under the rule of orderliness, … More September 30, 2022, opinions
Designated for publication Smith, J. (Smith, Clement, Haynes), criminal, search and seizure Affirming conviction of illegal possession of firearms by an illegal alien, and upholding denial of motion to suppress statement and weapons found in search of trailer after officers served an administrative warrant on defendant. The Court held there was no clear error in … More September 23, 2022, opinions
Designated for publication Southwick, J. (Jones, Southwick, Oldham), immigration Dismissing in part and denying in part Indian citizen’s petition for review of BIA order dismissing appeal of IJ’s denials of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. The Court held that several of the petitioner’s claims of procedural … More September 21, 2022, opinions
Designated for publication per curiam (Higginbotham, Southwick, Engelhardt), criminal, search and seizure In interlocutory appeal, reversing district court’s grant of motion to suppress, and remanding for further proceedings. The Court held that the district court erred in finding that there was no reasonable suspicion for the investigatory stop that led to the search of the … More September 9, 2022, opinions
