Tag: supervised release

Take the Fifth: Nov. 2-6, 2020 opinions

November 9, 2020

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 27, 2020 opinions

October 28, 2020

Designated for publication U.S. v. Ramirez, 19-20098, appeal from S.D. Tex. Oldham, J. (Smith, Clement, Oldham), criminal, sentencing Affirming the district court’s sentencing of defendant to 300 months’ imprisonment for health care fraud. Court held that there was no error in district court’s reliance on presentencing report to impose a 26-point adjustment to defendant’s sentencing … More Take the Fifth: Oct. 27, 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. 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