Oral Arguments in Tim Vasquez’s Appeal Canceled

NEW ORLEANS, LA — The 5th U.S. Circuit Court of Appeals has unexpectedly canceled the oral arguments in the appeal case of former San Angelo Police Chief Tim Vasquez. These proceedings were initially slated for Monday, Nov. 6. Vasquez is contesting his 2022 conviction on charges of bribery and three instances of honest services mail fraud. Following his March 2022 conviction, he has been serving a 15.5-year sentence at the federal correctional institution in Jesup, Georgia.

Throughout the appeals process, a total of three briefs have been submitted: an initial brief on behalf of Vasquez, a responding brief from the U.S. Attorney, and a subsequent rebuttal filed by Vasquez's legal team. The cornerstone of Vasquez’s appeal is a precedent set in December 2022 when the 5th U.S. Circuit Court of Appeals reversed a similar bribery conviction in the case of United States v. Hamilton. This decision hinged on the interpretation of quid pro quo in the context of the bribery charges, finding that the evidence and charges against the Dallas businessman did not fulfill this requirement. Franklyn Mickelsen, the Dallas attorney representing Vasquez, asserts that the circumstances of Vasquez’s conviction bear a resemblance to those in Hamilton.

For a detailed analysis of the arguments put forth in Vasquez’s appeal, please refer to The Argument for Tim Vasquez's Appeal and the case that hinges upon Vasquez's appeal.

The reasons for the cancellation of oral arguments by the appellate court can generally be attributed to one of three scenarios: the appeal being deemed frivolous; the issues at stake having been definitively settled by prior decisions; or the court’s determination that the briefs and records sufficiently outline the facts and legal arguments, rendering oral presentations unnecessary for an informed decision.

As to what the cancellation implies for Vasquez's prospects of a successful appeal remains to be seen, with the court's silence leaving the outcome in a state of speculation.