United States v. Guzman

Nov 5, 2008
07-11257
Versions:299 F. App'x 307

Before DAVIS, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Rosmon Andre Living presents arguments that he concedes are foreclosed by United States v. Daugherty, 264 F.3d 513, 518 (5th Cir.2001), which rejected a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g) (2006). Appellant‘s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Jesse Guzman appeals a restitution order imposed following his conviction of bank robbery and related crimes. He contends that the amount of restitution should be offset by the amount of stolen money recovered from the robbery. Although the presentence report recommended the offset, neither the written judgment nor the court at sentencing ordered the offset.

The Government contends that the appeal should be dismissed as moot because the offset has taken place. In support, the Government has supplemented the record with documentary evidence showing that the recovered money was returned to the bank and that the bank asked the clerk of the district court to credit the recovered money to the restitution account. In addition, the Government presented the district court‘s “Case Inquiry Report” showing that $7251 has been collected and credited against the ordered restitution amount of $17,228.

The record establishes that the ordered restitution amount of $17,228 has been offset by $7251. Guzman has therefore received the relief he seeks on appeal. Accordingly, the Government‘s motion to dismiss the appeal as moot is GRANTED, and the appeal is DISMISSED as moot.

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:*

Plaintiff Charles St. John brought this action against his employer, Sirius Solutions, LLLP, asserting claims for employment discrimination and retaliation under the Americans with Disabilities Act.1 The district court granted summary judgment in favor of Sirius on all claims. St. John appeals only the district court‘s ruling on the retaliation claim. We affirm.

St. John was a consultant employed by Sirius, who, along with his long-time friend and manager, Leara Higginbotham, provided tax consulting services to NCI Building Systems, Inc. During that project, Higginbotham disclosed to two NCI employees that St. John was homosexual, had HIV, and was a member of Alcoholics Anonymous. St. John responded by emailing his disapproval to two Sirius managers. Soon thereafter, NCI requested Sirius take St. John off the project, citing missed deadlines, controversial billing, and

Notes

1
42 U.S.C. § 12101 et seq.
*
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. 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. 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.