UNITED STATES of America, Plaintiff-Appellee v. Reginald Kent CANTLY, Defendant-Appellant.
No. 15-10474
United States Court of Appeals, Fifth Circuit.
Jan. 14, 2016.
634 Fed. Appx. 327
Summary Calendar.
Kevin Joel Page, Federal Public Defender‘s Office, Dallas, TX, Defendant-Appellant.
Reginald K. Cantly, Anthony, TX, pro se.
Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Reginald Kent Cantly has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Cantly has filed a response. We have reviewed counsel‘s brief and the relevant portions of the record reflected therein, as well as Cantly‘s response. We concur with counsel‘s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel‘s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
OCWEN LOAN SERVICING, L.L.C.; Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2003-W10, Plaintiffs-Appellees v. ABE MOSS; D & Y Investments, L.L.C., Defendants-Appellants.
No. 15-20176.
United States Court of Appeals, Fifth Circuit.
Jan. 14, 2016.
John Peyton Barnes, Esq., Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Houston, TX, for Plaintiff-Appellee.
Jerry Leslie Schutza, Law Office of Jerry Schutza Houston, TX, for Defendant-Appellant.
Before HIGGINBOTHAM, SOUTHWICK, and HIGGINSON, Circuit Judges.
Ocwen Loan Servicing, L.L.C. and Deutsche Bank National Trust Company sued Abe Moss and D & Y Investments, L.L.C. The suit was a quiet title action to enforce a recorded security interest on property that Moss purchased at a tax foreclosure sale. Ocwen and Deutsche Bank claimed a violation of constitutional due process because they had not been given notice of the tax foreclosure sale. The district court entered summary judgment for Ocwen and Deutsche Bank on the constitutional due process claim under Mennonite Board of Missions v. Adams, 462 U.S. 791, 103 S.Ct. 2706, 77 L.Ed.2d 180 (1983). Moss appealed.
In the appellate briefing, Moss presented arguments based only on Texas law. Moss never engaged the ruling of the district court. Consequently, we have before us no legal or factual challenge to the district court‘s opinion. See American States Ins. Co. v. Bailey, 133 F.3d 363, 372 (5th Cir.1998). At oral argument, counsel did suggest one possible defect in the district court‘s due process analysis. That argument was too late. An appellant abandons issues not argued in its initial brief on appeal. See United Paperworkers Int‘l Union AFL-CIO, CLC v. Champion Int‘l Corp., 908 F.2d 1252, 1255 (5th Cir.1990).
AFFIRMED.
UNITED STATES of America, Plaintiff-Appellee, v. Selvin IRIAS-MURILLO, Defendant-Appellant.
No. 15-30490
United States Court of Appeals, Fifth Circuit.
Jan. 14, 2016.
Summary Calendar.
Carter Kenneth Derri Guice, Jr., Esq., Assistant U.S. Attorney, Kevin G. Boitmann, Assistant U.S. Attorney, Diane Hollenshead Copes, Esq., Assistant U.S. Attorney, Eastern District Of Louisiana, New Orleans, LA, for Plaintiff-Appellee.
Catherine Irvin Chavarri, Stephenson, Chavarri & Lambert, L.L.C., New Orleans, LA, for Defendant-Appellant.
Before REAVLEY, SMITH, and HAYNES, Circuit Judges.
PER CURIAM:*
Selvin Irias-Murillo appeals the above-guidelines 20-month term and the within-guidelines $2,500 fine imposed on his conviction of illegal re-entry. He contends