Summary
finding that a plaintiff who acquired a property interest through a recorded quit-claim deed and made payments on the note had an interest in the property "sufficient to challenge the validity of Defendants' authority to foreclose"
Summary of this case from Bridges v. Bank of N.Y. MellonOpinion
No. 13-40124
11-08-2013
UNITED STATES OF AMERICA, Plaintiff-Appellee v. DOMINGIO ISAIAS TAX-GARCIA, also known as Domingo Isaias Tax-Garcia, Defendant-Appellant
Summary Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:12-CR-765-1
Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Defendant-Appellant Domingio Tax-Garcia was convicted of one charge of illegal reentry into the United States, and the district court imposed a within-guidelines sentence of 60 months in prison and a three-year term of supervised release. Tax-Garcia contends on appeal that the district court erred by refusing to award him a third point for acceptance of responsibility under United States Sentencing Guidelines § 3E1.1(b) after the government refused to move for the reduction because he would not waive his right of appeal. This argument is foreclosed by United States v. Newson, 515 F.3d 374, 376-79 (5th Cir. 2008).
AFFIRMED.