Tag: sentencing

Take the Fifth: Oct. 13, 2020 opinions

October 14, 2020

Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex., designated for publication Dennis, J. (Stewart, Dennis, Willett), Willett, J., dissenting; abortion law Affirming district court’s judgment permanent injunction against the enforcement of Texas Senate Bill 8 (“SB8”) and its requirement that “a woman to undergo an additional and medically unnecessary procedure to cause fetal … More Take the Fifth: Oct. 13, 2020 opinions

Take the Fifth: Oct. 9, 2020 opinions

October 12, 2020

U.S. v. Strother, 19-40361, appeal from E.D. Tex., designated for publication Higginson, J. (Higgonbotham, Jones, Higginson), criminal, sentencing, guilty plea Affirming conviction and sentence. Defendant had pled guilty to possession of a firearm by a felon. Thereafter, his counsel successfully moved to withdraw as counsel, and defendant filed a pro se motion to withdraw his … More Take the Fifth: Oct. 9, 2020 opinions

Take the Fifth: Oct. 8, 2020 opinions

October 9, 2020

Janvey v. GMAG, LLC, 17-11526, appeal from N.D. Tex., designated for publication Stewart, J. (Stewart, Dennis, Willett), Texas Uniform Fraudulent Transfers Act, fraudulent transfer After earlier vacating prior panel decision and referring to Texas Supreme Court to answer legal question regarding Texas Uniform Fraudulent Transfers Act (“TUFTA”), Court entered new opinion reversing district court’s judgment … More Take the Fifth: Oct. 8, 2020 opinions

Take the Fifth: Oct. 7, 2020 opinions

October 8, 2020

U.S. v. Omigie, 19-40526, appeal from E.D. Tex., designated for publication Higginbotham, J. (Higginbotham, Jones, Higginson), criminal, sentencing, guilty plea, forfeiture, supervised release Affirming conviction, remanding for determination of whether supervised release condition is consistent with oral pronouncement of court. Court held there was no plain error in the district court’s informing the defendant of … More Take the Fifth: Oct. 7, 2020 opinions

Take the Fifth: Oct. 6, 2020 opinions

October 7, 2020

U.S. v. Peterson, 19-11143, appeal from N.D. Tex., designated for publication Higginson, J. (Higginbotham, Jones, Higginson), criminal, attempted enticement of a minor, sentencing Affirming conviction and sentence of defendant for attempted enticement of a minor to engage in sexual activity under 18 U.S.C. § 2422(b). The Court rejected defendant’s challenge to the sufficiency f the … More Take the Fifth: Oct. 6, 2020 opinions

Take the Fifth: Oct. 5, 2020 opinions

October 5, 2020

Empower Texans, Inc. v. Geren, 19-50557, appeal from W.D. Tex., designated for publication Southwick, J. (Elrod, Southwick, Haynes), mootness Vacating District Court’s dismissal of suit on grounds of legislative immunity, holding the suit to be moot, and remanding with instructions to dismiss as moot. Plaintiffs had filed suit against the Chairman of the Committee on … More Take the Fifth: Oct. 5, 2020 opinions