Cases

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

NO. 12-18-00019-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS RICARDO MARTINEZ PINEDA, § APPEAL FROM THE 241ST APPELLANT V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS

James O. Browning, UNITED STATES DISTRICT JUDGE *1277THIS MATTER comes before the Court on: (i) the Restricted Motion to Obtain Physical and Mental Health Records, filed March 27, 2018 (Doc. 1985)("Health Records Motion"); and (ii) the Motion in Opposition to Disclosure of the Defendant's Redacted Mental and Physical Healt

2. At about 4:15 a.m. on December 3, 2015, Garcia was arrested at his home on drug dealing charges and placed in the back of a police car. See Redacted Superseding Indictment at 1-2, filed March 16, 2016 (Doc. 49)("Garcia Indictment"); Transcript of Motion Proceedings at 138:20-21 (held April 13, 2017)(Lerner), filed May 3, 2017 (Doc. 254)("April Tr."); Transcript of Motion Proceedings at May Tr. at 22:23-25 (held May 4, 2017)(Adams, Sainato), file

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1266THIS MATTER comes before the Court on the Motion to Exclude Witness Julian Romero Testimony, filed April 17, 2018 (Doc. 2121)("Motion"). In the Motion, Defendant Edward Troup asks the Court to exclude the substance of a statement that Julian Romero, a witness for Plainti

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1191THIS MATTER comes before the Court on Plaintiff United States of America's oral motion to exclude evidence of co-operator1 Gerald Archuleta's 1986 involuntary manslaughter and 1988 second-degree murder convictions under rule 609(b) of the Fed

James O. Browning, UNITED STATES DISTRICT JUDGE *1232THIS MATTER comes before the Court on Defendant Billy Garcia's opening statement at trial on April 12, 2018. During that opening statement, B. Garcia displayed a PowerPoint Slide regarding Defendant Robert Martinez'1 murder conviction:

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1274THIS MATTER comes before the Court on Defendant Anthony Ray Baca's oral motion for a judgment of acquittal, under rule 29 of the Federal Rules of Criminal Procedure, as to Count 8, which charges Baca with conspiracy to commit assault resulting in serious bodily injury ag

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1270THIS MATTER comes before the Court on the United States' Sealed Motion Regarding Attorney Conflict, filed April 4, 2018 (Doc. 2071) ("Motion"). The primary issue is whether the Defendant Arturo Arnulfo Garcia's attorney, Billy Blackburn, can continue to represent A. Garc

James O. Browning, UNITED STATES DISTRICT JUDGE *1193THIS MATTER comes before the Court on: (i) Defendant Santos Gonzales' Motion for Production of Alleged Co-Conspirator Statements, Pre-Trial Hearing on Their Admissibility Pursuant to Fed.R.Evid. 801(d)(2)(E), filed May 9, 2017 (Doc. 1141)("Gonzales Motion"); (ii) Defenda

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1305THIS MATTER comes before the Court on the United States' Trial Brief Regarding Inadmissibility of Investigative Reports Under Rule 803(6) and Rule 803(8), filed February 7, 2018 (Doc. 1753)("Trial Brief"). The primary issue is whether the Court should permit Defendant An

James O. Browning, UNITED STATES DISTRICT JUDGE *1288THIS MATTER comes before the Court on Motion to Exclude Witness Joseph Otero Testimony, filed March 22, 2018 (Doc. 2141)("Motion"). In the Motion, Defendant Christopher Chavez asserts that, "[o]n March 21, 2018, FBI Special Agent Leysha Lopez Recci interviewed Joseph Ote

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1179THIS MATTER comes before the Court on the Motion to Dismiss Indictment as It Relates to Shauna Gutierrez, filed May 18, 2016 (Doc. 1155)("MTD"). The Court held a hearing on November 8-9, 2017. The primary issues are: (i) whether the Court should dismiss the Second Supers

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1289THIS MATTER comes before the Court on the United States' Sealed Motion Regarding Attorney Conflict, filed May, 4, 2017 (Doc. 1126)("Attorney Conflict Motion"). The Court held hearings on November 8-9, 2017, Transcript of Hearing (held November 8, 2017), filed November 20

PER CURIAM: Noe Pineda-Albarron appeals the district court’s order denying relief on his 18 U.S.C. § 3582(c)(2) (2012) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Pineda-Albarron, No. 3:10-cr-00029-NKM-l (W.D.Va. Apr. 10, 2015). We dispense with oral argument because the facts and legal contentions are adequat

SETH, Chief Judge. This is a consolidated appeal taken by five defendants from their convictions on various charges relating to the unlawful transportation of illegal aliens. 8 U.S.C. § 1324; 18 U.S.C. §§ 2, 371. The Government established at trial that numerous Mexican and El Salvadoran citizens who wish

PER CURIAM: * Appealing the Judgment in a Criminal Case, Jovenny Suarez-Pineda raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007),

C. A: 5th Cir. Certiorari denied.

PATRICK E. HIGGINBOTHAM, Circuit Judge: This appeal arises from a 36-count indictment of 29 defendants for conspiracy to distribute heroin and cocaine in Plano, Texas and individual violations of 21 U.S.C. § 841(a)(1). Eleven defendants went to trial, ten were convicted of conspiracy and various individual drug offenses, and nine — Jose Cleotide Solis, Ec-liserio Martinez Garcia,

543 U.S. 900 ANTUNEZ-PINEDAv.UNITED STATES;RENTERIA-BARRIENTOSv.UNITED STATES;MENA-MONTOYAv.UNITED STATES;MARTINEZ-VENCESv.UNITED STATES;SALGADO-DIAZv.UNITED STATES; andVELASQUEZ-MEZAv.UNITED STATES. No. 04-5454. Supreme Court of United States. October 4, 2004.