Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

An individual reported to police that a debit card had been stolen from his car and used at a Southaven, Mississippi, Best Buy. The Southaven Police Department obtained receipt evidence and surveillance footage but did not immediately identify a suspect. Separately, police in another Mississippi county arrested Stephen Lewis for an unrelated burglary and searched his cell phone without a warrant, discovering images of receipts from the Southaven Best Buy. The investigating officer from the Washington County Sheriff’s Department shared these images with Detective Walley of the Southaven Police Department, informing her that a search warrant had been completed, though in reality, no warrant had been issued at the time. Walley reviewed the images, which matched the fraudulent purchase, and secured an arrest warrant for Lewis, who was later indicted; charges were eventually remanded.Lewis brought multiple constitutional claims under 42 U.S.C. § 1983 against Walley in the United States District Court for the Northern District of Mississippi. The district court dismissed all but one claim, allowing Lewis’s Fourth Amendment search claim to proceed. The district court found that Walley’s review of the photographs constituted a warrantless search, violating the Fourth Amendment, and denied Walley’s motion for judgment on the pleadings, as well as her qualified immunity defense.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the denial of qualified immunity de novo. The appellate court held that it was not clearly established at the relevant time that reviewing images of receipts from a phone, sent by another officer, constituted a Fourth Amendment search requiring a warrant. The court found that Walley’s reliance on information provided by the other officer was objectively reasonable. Therefore, the Fifth Circuit reversed the district court’s judgment and rendered a judgment of dismissal in Walley’s favor. View "Lewis v. Walley" on Justia Law

Police officers responded to a call about a man, later identified as Xavier Leonard, who was found injured, disoriented, and partially clothed on the ground in a residential neighborhood. Leonard was unresponsive to questions and exhibited signs of being under the influence of drugs. After determining that Leonard lived nearby, officers noticed an open side door at his house and observed signs inside, such as a broken coffee table, that suggested possible violence or distress. The officers announced their presence and, receiving no response, entered the home to check for potential victims or suspects. While inside, they observed drugs and firearms, left after a brief search, and then obtained a search warrant based on their observations.Leonard was charged in the United States District Court for the Eastern District of Texas with firearm and drug offenses. He requested a motion to suppress the evidence obtained from his home. After his initial attorney declined to file the motion, deeming it frivolous, Leonard was appointed new counsel who proceeded with the suppression motion. The magistrate judge recommended granting the motion, finding that the evidence should be excluded. The district court adopted this recommendation and suppressed the evidence.The United States Court of Appeals for the Fifth Circuit reviewed the case after the government appealed. The government did not challenge the Fourth Amendment issue but argued that the exclusionary rule did not apply due to the good faith exception. The Fifth Circuit held that under its “close enough” doctrine, the officers’ actions were objectively reasonable given the circumstances, and the good faith exception precluded exclusion of the evidence. The court reversed the district court’s decision and remanded the case for further proceedings. View "United States v. Leonard" on Justia Law

Eugene Lockhart pleaded guilty to conspiracy to commit wire fraud and bank fraud under federal law and was sentenced to 54 months in prison, followed by supervised release and joint restitution of over $2.4 million. Although Lockhart attempted to appeal pro se, his appeal was dismissed for lack of prosecution. Later, several of his codefendants successfully reduced their restitution obligations on appeal. Lockhart completed his supervised release in May 2017. In September 2023, he filed a petition for writ of coram nobis, seeking to vacate his conviction and restitution order, alleging ineffective assistance of counsel due to his attorney’s failure to appeal and preserve issues regarding restitution.The United States District Court for the Northern District of Texas denied Lockhart’s petition. The court found the petition untimely and determined it lacked jurisdiction to vacate the restitution order, reasoning that such a challenge could only be raised on direct appeal. The district court also concluded that Lockhart’s ineffective assistance claim did not warrant coram nobis relief because he had not diligently sought prompt relief after his supervised release ended.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s decision, applying de novo review to jurisdictional issues and abuse of discretion to the denial of the writ. The Fifth Circuit clarified that a coram nobis petition may seek to vacate a conviction, and if granted, any related restitution order would be vacated as well. However, the court held that Lockhart failed to exercise reasonable diligence in seeking relief, as he waited over six years after his supervised release ended to file the petition without justification. Accordingly, the Fifth Circuit affirmed the district court’s denial of Lockhart’s writ of coram nobis. View "United States v. Lockhart" on Justia Law

A state trooper observed David Davalos commit a traffic violation by failing to signal a lane change. The trooper initiated a stop as Davalos pulled into the driveway of the home he shared with his parents. The driveway was open, with no fence or gate, and was adjacent to a public sidewalk and street. After blocking Davalos’s car, the officer instructed Davalos to exit the vehicle, which he did, leaving the driver’s side door open. The officer, concerned for his safety and unable to see into the car due to heavily tinted windows, approached and smelled marijuana, saw ashes, and noticed the driver’s side door appeared tampered with. After Davalos admitted to recently smoking marijuana and possessing a small amount, the officer searched the car and discovered marijuana and a firearm.Davalos was charged with possession of a firearm by a convicted felon in the United States District Court for the Western District of Texas. Prior to trial, he moved to suppress the evidence from the warrantless search, arguing the search violated the Fourth Amendment because the car was within the home’s curtilage and no exigent circumstances existed. A magistrate judge found the driveway was not part of the curtilage and recommended denying the motion, concluding the officer had probable cause and exigent circumstances justified the search. The district court adopted this recommendation, and Davalos entered a conditional guilty plea preserving his right to appeal the suppression ruling.On appeal, the United States Court of Appeals for the Fifth Circuit held that the officer’s actions were permissible under the Fourth Amendment. The court found that probable cause and exigent circumstances justified the warrantless search of the car, regardless of curtilage questions, and affirmed the denial of Davalos’s motion to suppress. The judgment of the district court was affirmed. View "United States v. Davalos" on Justia Law

Charles Hembree was previously convicted in Mississippi state court in 2018 for simple possession of methamphetamine, a felony offense. In 2022, he was indicted under federal law for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Hembree moved to dismiss the indictment, arguing that applying § 922(g)(1) to him violated the Second Amendment, particularly in light of the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. The district court denied his motion, after which Hembree entered a guilty plea under an agreement that reserved his right to challenge the denial of his motion to dismiss on Second Amendment grounds. He was sentenced to six months in prison and three years of supervised release.After sentencing, Hembree appealed to the United States Court of Appeals for the Fifth Circuit, preserving only his as-applied Second Amendment challenge to § 922(g)(1). He argued that there was no historical tradition justifying the disarmament of individuals based solely on a conviction for simple drug possession. The government contended that historical analogues, such as laws disarming dangerous persons or severely punishing possession of contraband, supported the statute’s application to Hembree’s circumstances.The Fifth Circuit held that the government failed to meet its burden of demonstrating a historical tradition supporting the permanent disarmament of individuals convicted only of simple drug possession. The court concluded that neither the tradition of punishing possession of contraband nor the disarmament of “dangerous persons” provided a sufficient analogue for Hembree’s predicate offense. Therefore, the Fifth Circuit found § 922(g)(1) unconstitutional as applied to Hembree and reversed his conviction. The court did not address Hembree’s additional constitutional claims, as resolution of the as-applied challenge was dispositive. The court also granted Hembree’s motion to supplement the record. View "United States v. Hembree" on Justia Law

Several entities affiliated with Allstate sued a group of individuals and entities that own, manage, and operate Memorial Heights Emergency Center in Houston, Texas. The plaintiffs alleged that, starting in 2018, defendants entered into agreements with personal injury attorneys to refer clients to the Center under letters of protection, guaranteeing future payment from insurance settlements. Defendants billed these patients—primarily car accident victims—using emergency billing codes at rates far above standard charges, often conducting expensive diagnostic tests without documented medical necessity and discharging patients without additional treatment. The bills were then sent to attorneys, who submitted them to Allstate for inclusion in settlement demands. Between August 2018 and November 2022, Allstate settled with 635 claimants and subsequently alleged it discovered a fraudulent scheme, seeking to recover $4.7 million plus treble damages and attorney fees.The United States District Court for the Southern District of Texas dismissed all claims with prejudice. The district court held that Allstate failed to sufficiently allege reliance on the fraudulent bills, undermining its RICO, common-law fraud, conspiracy, unjust enrichment, and money-had-and-received claims. The court also found Allstate had not adequately pleaded direct or proximate causation, concluded that Allstate was “complicit” in the alleged fraud due to its continued settlements after learning of the scheme, and determined that the complexity of the case made it unmanageable as a single lawsuit.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the dismissal de novo. The Fifth Circuit held that the district court applied the wrong legal standards to Allstate’s RICO claims by requiring reliance, which is not necessary for a RICO claim predicated on mail fraud. The appellate court further found that Allstate adequately pleaded proximate cause, damages, and the elements of its common-law and equitable claims. The judgment of the district court was reversed and the case remanded for further proceedings. View "Allstate Indemnity Co v. Bhagat" on Justia Law

Brent Dubois was convicted in 2011 of possession of a controlled substance with intent to distribute, receiving a sentence of 188 months in prison and three years of supervised release. As part of his supervised release, a condition required him to participate in a substance abuse program, allowing the probation office to decide whether that would be inpatient or outpatient treatment. After a relevant amendment to the Sentencing Guidelines, Dubois’s sentence was reduced to 151 months. Upon completing his incarceration in 2023, Dubois began supervised release, but struggled to comply with outpatient treatment requirements. After repeated difficulties and four revocation hearings, his probation officer filed a petition for revocation, leading Dubois to admit to violations except one allegation, which the government withdrew.The United States District Court for the Northern District of Texas sentenced Dubois to ten months in prison and 32 months of supervised release, reimposing the original supervised release conditions. Notably, it again permitted the probation office to determine whether Dubois’s substance abuse treatment would be inpatient or outpatient. Dubois did not object to this condition at sentencing, but later appealed, arguing that the delegation of this decision to the probation office was improper.The United States Court of Appeals for the Fifth Circuit reviewed the case under the plain error standard, given Dubois’s lack of objection in district court. The Fifth Circuit held that permitting the probation office to decide between inpatient and outpatient treatment constituted an impermissible delegation of the district court’s core judicial sentencing function, particularly since the sentence following revocation was only ten months. The court found this error to be clear under existing precedent, affected Dubois’s substantial rights, and warranted discretionary correction. The Fifth Circuit vacated the supervised release condition at issue and remanded the case for further proceedings. View "United States v. Dubois" on Justia Law

Wilson and two associates attempted to purchase a firearm from D.J. at a gas station, only to discover that the firearm was fake. In retaliation, Wilson retrieved a handgun modified with a machinegun conversion device and an extended magazine from his vehicle. He confronted D.J. and fired multiple rounds, fatally wounding him. Wilson and his companions then robbed D.J. and fled the scene. Police subsequently located Wilson, who confessed to the shooting and acknowledged the weapon was equipped with a machinegun conversion device.Wilson was charged in the United States District Court for the Northern District of Texas with unlawful possession of a machinegun under 18 U.S.C. § 922(o). He moved to dismiss the indictment, arguing that § 922(o) violated the Second Amendment, but the district court denied the motion. Wilson pleaded guilty without a written plea agreement. At sentencing, the Presentence Investigation Report applied the Sentencing Guidelines cross-reference to second-degree murder due to the death resulting from Wilson's conduct, resulting in a recommended sentence of 120 months, the statutory maximum. Wilson objected, claiming the cross-reference failed to account for his self-defense claim, but the district court overruled his objection, adopted the PSR, and imposed the recommended sentence.The United States Court of Appeals for the Fifth Circuit reviewed Wilson’s appeal. He challenged his conviction on Second Amendment grounds and the application of the second-degree murder cross-reference during sentencing. The Fifth Circuit held that circuit precedent, specifically Hollis v. Lynch, forecloses any Second Amendment protection for machineguns, and that Supreme Court precedent in New York State Rifle & Pistol Association, Inc. v. Bruen does not overrule this holding. The court also found no plain error in the district court’s application of the second-degree murder cross-reference. The Fifth Circuit affirmed the district court’s judgment. View "United States v. Wilson" on Justia Law

The defendant repeatedly contacted a 13-year-old girl, H.H., via Snapchat, demanding nude photographs and videos of explicit acts. He threatened to expose her, specified the exact nature and timing of the images he wanted, and coerced her compliance by threatening to inform her mother when she refused or delayed. On one occasion, he met H.H. in person, where he engaged in sexual intercourse with her despite knowing her age. Electronic evidence later revealed that the defendant had engaged in similar conduct with at least ten other female victims aged 12 to 16. He was charged with one count of coercion and enticement of a minor to engage in sexual activity and pleaded guilty.In the United States District Court for the Western District of Texas, the Presentence Report (PSR) recommended a two-level sentencing enhancement for distribution of material involving the sexual exploitation of a minor under U.S.S.G. § 2G2.1(b)(3). The defendant objected to this enhancement, arguing that his conduct amounted to “mere solicitation” rather than distribution, as he had not transferred the images to others. The probation officer and the district court disagreed, finding that the defendant’s coercive actions in inducing the victim to produce and send child pornography constituted distribution as contemplated by the guideline. The district court overruled the objection, adopted the PSR, and sentenced the defendant to life imprisonment.The United States Court of Appeals for the Fifth Circuit reviewed whether the district court erred in applying the distribution enhancement. The Fifth Circuit held that the enhancement was appropriate because the defendant exercised significant control over the victim and actively participated in the distribution by coercing and directing the production and delivery of child sexual abuse material. The court distinguished “mere solicitation” from the defendant’s conduct and affirmed the district court’s judgment. View "USA v. Lowe" on Justia Law

The case concerns an individual who was convicted in Texas state court in 2021 for sexually assaulting a thirteen-year-old child. After serving his sentence, he was deported to Honduras due to his lack of lawful immigration status. He later reentered the United States illegally and, following his detention for immigration violations in 2024, admitted that he had not registered as a sex offender, as required by federal law. He pleaded guilty in federal district court to failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA).The United States District Court for the Southern District of Texas classified the defendant as a tier III sex offender—the most serious category under SORNA—and sentenced him to 24 months’ imprisonment followed by five years of supervised release. This classification was based on the court’s determination that his Texas conviction was comparable to the federal offenses of aggravated sexual abuse or sexual abuse. The defendant did not object to the presentence report’s findings at sentencing but appealed, arguing that he should have been classified as a tier I offender, the least severe category.The United States Court of Appeals for the Fifth Circuit reviewed the appeal for plain error, as the argument was raised for the first time on appeal. The court concluded that the Texas statute under which the defendant was convicted criminalizes a broader range of conduct than the comparable federal offenses referenced by SORNA for tier II and tier III classification. Specifically, the Texas law punishes consensual sexual acts with minors under 17, while the federal statutes require nonconsensual conduct or involve narrower age ranges. Therefore, the Fifth Circuit held that the defendant does not qualify as either a tier II or tier III offender and must be classified as a tier I offender. The court vacated the sentence and remanded for resentencing. View "United States v. Quintanilla-Matamoros" on Justia Law