From Casetext: Smarter Legal Research

United States v. Tax-Garcia

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Nov 8, 2013
544 F. App'x 564 (5th Cir. 2013)

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. Mellon

Opinion

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.


Summaries of

United States v. Tax-Garcia

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Nov 8, 2013
544 F. App'x 564 (5th Cir. 2013)

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. Mellon

finding that a plaintiff who acquired a property interest through a recorded quit-claim deed and made payments on the related note had an equitable interest and could challenge the foreclosure sale

Summary of this case from Ledezma v. Wells Fargo Bank, N.A.

finding that a plaintiff who acquired a property interest through a recorded quit-claim deed and made payments on the related note had an equitable interest sufficient to challenge the foreclosure sale

Summary of this case from W&L Ventures, Inc. v. E. W. Bank

upholding summary judgment for bank on affidavit of bank note holder, not loan servicer, and additional supporting evidence

Summary of this case from Deutsche Bank Nat'l Trust Co. v. Burke
Case details for

United States v. Tax-Garcia

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee v. DOMINGIO ISAIAS…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Nov 8, 2013

Citations

544 F. App'x 564 (5th Cir. 2013)

Citing Cases

Murphy v. Beaumont Indep. Sch. Dist.

An affidavit or declaration that fails to comply with the requirements of Rule 56(c)(4) is subject to a…

Morlock, L.L.C. v. Bank of N.Y. ex rel. Certificate Holders of Cwabs, Inc.

See id. at 927. Morlock relies on two cases from the United States Court of Appeals for the Fifth Circuit,…