Three defendants will get new trials because a U.S. district judge abused her discretion by issuing a sua sponte order transferring the case to another court 332 miles away, the 5th U.S. Circuit Court of Appeals has ruled.
In Jan. 5′s United States v. Garza, et al. , a unanimous three-judge panel of the 5th Circuit found that because the U.S. district judge provided no reasoning for her decision and failed to give proper consideration to a federal rule when she transferred the case from her court, the convictions should be vacated. According to PACER, the federal courts’ online filing system, U.S. District Judge Alia Moses Ludlum, who presides over the Del Rio Division of the Western District of Texas, is the judge who transferred Garza to Western District Chief U.S. District Judge Walter Smith of Waco.
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