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

Scott Davis purchased property in Tomball, Texas, using fraudulently obtained loan proceeds from the Paycheck Protection Program. He later used this property as collateral to secure a $360,000 loan from Gravity Capital. Davis pleaded guilty to wire fraud and agreed to forfeit the Tomball property. The district court issued a preliminary order of forfeiture and notified interested parties. E. Alan Tiras and Gravity Funding filed ancillary petitions claiming an interest in the property. The district court granted Tiras' petition but denied Gravity Funding's petition due to a drafting error, as the petition was signed on behalf of Gravity Funding instead of Gravity Capital.The United States District Court for the Southern District of Texas found that Gravity Funding had no interest in the loan issued to Davis, and Gravity Capital was not a party to the petition. Consequently, the court denied Gravity Funding's petition. Gravity Funding and Gravity Capital appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the petition failed to comply with 21 U.S.C. § 853(n) because it was signed by Gravity Funding, not Gravity Capital. The court also noted that any attempt to amend the petition to include Gravity Capital was untimely, as it was made eleven months after the statutory deadline. The court affirmed the district court's decision, concluding that Gravity Capital's failure to assert a valid interest under § 853(n) also invalidated its challenge to the Tiras petition. The court emphasized the importance of strict compliance with statutory requirements in forfeiture cases. View "United States v. Tiras" on Justia Law

In 2009, Wesley Swick pled guilty to possessing a stolen firearm and was sentenced to 33 months in prison and two years of supervised release. His federal sentence was to run concurrently with longer state sentences. Swick was released from state prison in 2017 but did not report to federal probation as required. His failure to report went unnoticed until after his supervised release period should have ended. During this time, Swick committed several state crimes and served additional time in state prison.The United States District Court for the Northern District of Texas revoked Swick's supervised release based on his failure to report and subsequent criminal activities. The court asserted jurisdiction using the fugitive tolling doctrine, which pauses the supervised release period when a supervisee absconds from supervision. Swick was sentenced to 24 months in prison, to run consecutively with a separate federal sentence for a felon-in-possession charge.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that fugitive tolling applies to supervised release, meaning that Swick's supervised release period was tolled when he failed to report to probation. The court found sufficient evidence to support the district court's conclusion that Swick intentionally avoided supervision, as he did not report to federal probation despite knowing his obligation to do so. The Fifth Circuit affirmed the district court's decision to revoke Swick's supervised release and the imposition of the 24-month prison sentence. View "United States v. Swick" on Justia Law

Erick Jose Sandoval Argueta, a Salvadoran national, was lawfully present in the United States when he solicited sex over the internet from someone he believed to be a thirteen-year-old girl, who was actually an undercover police officer. He was convicted in Texas of online solicitation of a minor. Based on this conviction, an immigration judge (IJ) ordered him removed for committing a "crime of child abuse." The Board of Immigration Appeals (BIA) affirmed this decision.Sandoval Argueta filed two petitions for review. In the first, he challenged the BIA's determination of his removability and its denial of his motion to reconsider. The United States Court of Appeals for the Fifth Circuit reviewed the case. The court noted that Sandoval Argueta had been convicted of multiple crimes, including property theft, drug trafficking, and online solicitation of a minor. The government initially charged him with removability based on the solicitation conviction but later added charges related to his drug trafficking conviction. After the drug trafficking conviction was vacated, the government reasserted the "crime of child abuse" charge.The Fifth Circuit held that the best reading of "crime of child abuse" under 8 U.S.C. § 1227(a)(2)(E)(i) includes convictions for online solicitation of a minor, even if no actual child was involved. The court reasoned that the statute's broad language encompasses offenses that create a high risk of harm to a child, including attempt offenses. Therefore, Sandoval Argueta's conviction under Texas Penal Code § 33.021(c) categorically met the definition of a "crime of child abuse."In his second petition, Sandoval Argueta argued that the BIA erred by not considering his equitable tolling argument when denying his motion to reconsider. The Fifth Circuit found that the BIA did not abuse its discretion in denying the motion, as it was procedurally barred by statutory limits on the number of motions to reconsider and the prohibition on reconsidering a decision on a prior motion to reconsider.The Fifth Circuit denied both petitions for review. View "Argueta v. Bondi" on Justia Law

In 2022, the Midland Police Department responded to a domestic disturbance involving Billy Joe Russell and his girlfriend. Upon arrival, the police ordered Russell to exit the vehicle, and he informed them of a handgun in the car, which he later admitted to possessing. Russell, a felon, pleaded guilty to being in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). His presentence investigation report (PSR) calculated his base offense level to be 26 due to his prior convictions for two violent felonies and possession of a firearm capable of accepting a large-capacity magazine. The district court applied a three-point reduction for accepting responsibility, resulting in a net offense level of 23, and sentenced him to 115 months of imprisonment followed by three years of supervised release. Russell did not object to the PSR or his sentence.Russell appealed to the United States Court of Appeals for the Fifth Circuit, challenging the district court's categorization of his 2017 Tennessee aggravated-assault conviction as a crime of violence (COV). He argued that the district court plainly erred in this categorization. The Fifth Circuit reviewed the case for plain error, as Russell had not objected to the categorization at the district court level.The Fifth Circuit defined a guidelines COV and applied the categorical approach to determine if Russell's 2017 conviction qualified as a COV. The court found that Russell failed to show a clear or obvious error in the district court's categorization of his 2017 conviction as a COV. Russell did not provide any case law to support his interpretation that Tennessee's aggravated-assault statute criminalizes conduct causing solely mental harm. Consequently, the Fifth Circuit affirmed the district court's judgment, upholding Russell's sentence. View "United States v. Russell" on Justia Law

On May 14, 2022, the Lake Charles Police Department responded to a call about gunshots on N. Lyons Street. Officers approached Kirk August's home and found him in his backyard. A neighbor informed the officers that she had seen August firing a handgun. The officers conducted a protective sweep of the backyard, finding shell casings and a sign with bullet holes. They then conducted a protective sweep of the home, using keys retrieved from a car in the driveway, where they also found methamphetamine and ammunition. A search warrant was later obtained, leading to the discovery of firearms and more ammunition in the home.August was charged with possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1). The district court denied his motion to suppress the evidence obtained from the searches. A magistrate judge recommended denying the motion, and the district court adopted this recommendation. August pled guilty but reserved the right to appeal the denial of his motion to suppress. He was sentenced to 63 months in prison and three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the protective sweeps of the backyard and home were justified by exigent circumstances, as the officers had reasonable suspicion of danger. The court also held that the independent source doctrine applied, as the search warrant was supported by probable cause independent of any potentially tainted evidence. The court affirmed the district court's decision, allowing the evidence obtained from the searches to be used against August. View "USA v. August" on Justia Law

Customs and Border Protection officers seized a tractor-trailer at the Columbia Solidarity Bridge Port of Entry in Laredo, Texas, which was carrying liquid methamphetamine concealed in the fuel tanks. Noe de Jesus Martinez-Montelongo was driving the vehicle, and Fidel Saldana Rodriguez was the passenger. Both were convicted by a jury of conspiracy to import and importation of methamphetamine. Saldana challenged the sufficiency of the evidence for his convictions, while Martinez-Montelongo challenged the substantive reasonableness of his sentence.The United States District Court for the Southern District of Texas denied both defendants' motions for judgment of acquittal and sentenced them to 235 months of imprisonment each. Saldana argued on appeal that the evidence was insufficient to prove he knew about the methamphetamine, while Martinez-Montelongo argued that his sentence was unreasonable because the district court improperly considered his failure to admit guilt.The United States Court of Appeals for the Fifth Circuit reviewed Saldana's sufficiency challenge de novo and found that the evidence, including inconsistent statements, the use of a stick to measure fuel levels, and WhatsApp messages, was sufficient for a reasonable jury to conclude that Saldana knowingly participated in the conspiracy. The court affirmed Saldana's convictions.Regarding Martinez-Montelongo's sentence, the court found that the district court did not rely on his lack of remorse in its § 3553(a) analysis. The district court's references to the defendants' insistence on innocence were to explain why they were being sentenced and why they were not eligible for certain sentencing reductions. The Fifth Circuit concluded that the district court did not abuse its discretion and affirmed Martinez-Montelongo's sentence. View "United States v. Martinez-Montelongo" on Justia Law

Roy Lee Jones, Jr. was involved in a methamphetamine-trafficking organization in North-Central Louisiana. He received large shipments of methamphetamine from his California-based supplier, DeLewis Johnson IV, and redistributed them to Willie Todd Harris, who then sold them to street-level dealers. After a ten-month investigation, federal law enforcement initiated grand jury proceedings, resulting in a five-count indictment. Jones was charged under 21 U.S.C. §§ 841(a)(1) and 846 for conspiracy to distribute and possess with intent to distribute methamphetamine.Jones and Johnson were tried as co-defendants and convicted by a jury. The initial presentence report (PSR) calculated Jones' offense level as 37, recommending a Guidelines range of 210-262 months. The district court sentenced Jones to 210 months' imprisonment. Jones appealed his conviction and sentence, which were affirmed by the United States Court of Appeals for the Fifth Circuit. The Supreme Court denied Jones' petition for a writ of certiorari.Jones filed a motion for a sentence reduction under Amendments 821 and 825 of the United States Sentencing Guidelines. The district court denied the motion, finding that Jones was ineligible for a reduction under USSG § 4C1.1(a)(10) because he had received an aggravating role enhancement under § 3B1.1 and had engaged in a continuing criminal enterprise as defined in 21 U.S.C. § 848.The United States Court of Appeals for the Fifth Circuit reviewed the district court's decision for abuse of discretion, its interpretation of the Guidelines de novo, and its findings of fact for clear error. The court held that either receiving a § 3B1.1 adjustment or engaging in a continuing criminal enterprise is sufficient to disqualify a defendant from a sentence reduction under § 4C1.1(a)(10). Since Jones received an aggravating role enhancement, he was ineligible for a reduction. The court affirmed the district court's decision. View "United States v. Jones" on Justia Law

Defendants Louis Age Jr., Louis Age III, Stanton Guillory, and Ronald Wilson were convicted and sentenced to life imprisonment for their roles in the murder-for-hire of Milton Womack, a federal witness in a healthcare fraud case. The defendants raised ten issues on appeal, including challenges to the sufficiency of the evidence, the admission of certain evidence, and the jury selection process.The United States District Court for the Eastern District of Louisiana convicted the defendants on multiple counts, including conspiracy to commit murder-for-hire, murder-for-hire, conspiracy to tamper with a federal witness, and witness tampering. The district court sentenced each defendant to at least one term of life imprisonment. The defendants appealed their convictions and sentences, arguing that the evidence was insufficient to support their convictions and that the district court made several errors in admitting evidence and instructing the jury.The United States Court of Appeals for the Fifth Circuit reviewed the case and found no error in the district court's rulings. The court held that the evidence presented at trial was sufficient to support the defendants' convictions. The court also found that the district court did not abuse its discretion in admitting evidence related to the defendants' prior criminal activities and in denying the defendants' motions to sever their trials. Additionally, the court held that the district court did not err in its jury instructions or in its handling of the jury selection process.The Fifth Circuit affirmed the district court's judgment, upholding the defendants' convictions and sentences. The court concluded that the defendants' arguments on appeal were unpersuasive and that the district court had acted within its discretion in its rulings. View "United States v. Age" on Justia Law

Twin brothers Elijah and Kareem Muhammad were investigated for sex trafficking by the Fort Worth Police Department (FWPD) starting in 2018. Elijah was arrested in 2019 during a sting operation, and Kareem was arrested in 2023. The investigation revealed sex-trafficking activities dating back to 2011, involving multiple victims across several states. Concurrently, the FWPD and the Drug Enforcement Administration (DEA) were investigating the brothers for fentanyl trafficking. In 2023, Elijah and Kareem were arrested for drug-related offenses, leading to their guilty pleas for possession with intent to distribute fentanyl and unlawful possession of ammunition, respectively.The United States District Court for the Northern District of Texas handled the initial cases. Both brothers signed plea agreements in which the government promised not to bring additional charges based on the conduct underlying their guilty pleas. However, after their guilty pleas, the government charged them with sex trafficking in a separate case. The district court denied their motions to dismiss the sex-trafficking charges, finding that the sex-trafficking conduct was distinct from the drug-related offenses in terms of time, location, and statutory violations.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the sex-trafficking conduct was temporally, geographically, and statutorily distinct from the drug-related conduct. The court found that the sex-trafficking activities spanned over a decade and involved multiple states and victims, whereas the drug-related offenses were confined to a specific period and location. Consequently, the court concluded that the government did not breach the plea agreements by prosecuting the brothers for sex trafficking. The judgment of the district court was affirmed. View "United States v. Muhammad" on Justia Law

Cedric Ray Jones pleaded guilty to charges including conspiracy to commit Hobbs Act robbery and using and brandishing a firearm during a crime of violence. The conspiracy charge was the predicate for the firearm conviction under the residual clause of 18 U.S.C. § 924(c). Jones waived his rights to challenge his convictions and sentences on direct appeal or through collateral attack as part of his plea agreement. After the Supreme Court struck down the residual clause of § 924(c) in United States v. Davis, Jones sought to vacate his § 924(c) conviction under 28 U.S.C. § 2255, but the district court ruled that his collateral attack was barred by his appeal waiver.The United States District Court for the Northern District of Texas denied Jones's motion to dismiss the firearm counts and later denied his § 2255 motion, concluding that the appeal waiver was enforceable. The court granted a certificate of appealability on whether the waiver barred his Davis claim and whether it was unenforceable under the miscarriage of justice exception. Jones argued that the waiver should not apply because it was too broad, unknowing, and that enforcing it would result in a miscarriage of justice.The United States Court of Appeals for the Fifth Circuit reviewed the case and held that the appeal waiver was enforceable. The court rejected Jones's arguments, stating that the waiver was knowing and voluntary, and that the statutory-maximum exception did not apply. The court also declined to recognize a broad miscarriage-of-justice exception to the waiver. Consequently, the Fifth Circuit affirmed the district court's judgment, upholding the enforcement of the appeal waiver and denying Jones's request for relief based on the Davis decision. View "United States v. Jones" on Justia Law