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

Detective Genaro Hernandez, a Dallas Police Department detective, was involved in a shooting investigation outside The Green Elephant bar in August 2019. Hernandez, who also worked for the Stainback Organization, allegedly pursued false charges against the bar's owner, Shannon McKinnon, and a security guard, Guadalupe Frias, to benefit his private employer. Despite the Special Investigation Unit finding no criminal offense by the plaintiffs, Hernandez bypassed standard procedures and directly sought prosecution from the Dallas County District Attorney’s Office, leading to the plaintiffs' indictment for tampering with evidence. The charges were later dropped when Hernandez's conflict of interest was revealed during Frias's trial.The plaintiffs filed a lawsuit against Hernandez, alleging federal claims under 42 U.S.C. § 1983 for false arrest and malicious prosecution, and state-law claims for malicious prosecution, false imprisonment, and civil conspiracy. The United States District Court for the Northern District of Texas dismissed the federal malicious-prosecution claim but allowed the federal false-arrest claim and the state-law claims to proceed. Hernandez appealed, arguing he was entitled to governmental immunity under the Texas Tort Claims Act.The United States Court of Appeals for the Fifth Circuit reviewed the case and determined that Hernandez's actions, despite being motivated by personal interests, fell within the scope of his employment as a detective. The court held that Texas law provides broad immunity to state actors for actions within their employment scope, regardless of intent. Consequently, the court reversed the district court's decision denying dismissal of the state-law claims and remanded the case for further proceedings on the remaining federal claim. View "Frias v. Hernandez" on Justia Law

Sidney Kimble was convicted of two drug-trafficking felonies. After serving his sentences, he was found in possession of a handgun and charged under 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. Kimble argued that this lifelong prohibition violated his Second Amendment rights.The United States District Court for the Western District of Texas denied Kimble's motion to dismiss the indictment, stating that the Supreme Court's decision in New York State Rifle & Pistol Ass’n v. Bruen did not overrule Fifth Circuit precedent upholding the constitutionality of § 922(g)(1). Kimble then pleaded guilty but retained the right to appeal the constitutionality of the statute.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court held that § 922(g)(1) is constitutional as applied to Kimble. The court reasoned that the Second Amendment allows Congress to disarm individuals deemed dangerous, and drug trafficking is inherently dangerous. The court found that historical and legal precedents support the disarmament of individuals involved in drug trafficking due to the intrinsic violence associated with the drug trade. Therefore, the court affirmed Kimble's conviction under § 922(g)(1). View "USA v. Kimble" on Justia Law

Dr. Brian Carpenter was involved in a scheme to defraud TRICARE, the Department of Defense’s health insurance program. The scheme was orchestrated by Britt and Matt Hawrylak, who hired sub-reps to obtain medical information about TRICARE beneficiaries and identify doctors willing to write unnecessary prescriptions for compounded medications. These prescriptions were filled by Rxpress Pharmacy, which billed TRICARE at high rates. Carpenter, a podiatrist, was recruited by his co-defendant Jerry Hawrylak to write these prescriptions. Carpenter initially refused but later agreed to write prescriptions without receiving payment, claiming it was to help veterans. However, evidence showed that Carpenter's prescriptions were highly profitable for the Hawrylak brothers and Jerry, who made millions from the scheme.In September 2019, Carpenter and Jerry were indicted on six counts of healthcare fraud and one count of conspiracy to commit healthcare fraud. They were convicted on all counts in April 2023 by the United States District Court for the Northern District of Texas. Carpenter appealed, raising several issues, including the district court’s decision to excuse a juror mid-trial.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the district court abused its discretion by excusing a juror after the first day of trial without a legally relevant reason or factual basis. The juror was excused based on an email from her principal stating that her absence would cause hardship for her school, but there was no indication that the juror was unable to perform her duties. The appellate court held that this error was prejudicial and required vacating Carpenter’s convictions. The court remanded the case for a new trial. View "United States v. Carpenter" on Justia Law

Kenleone Joe Nyandoro pleaded guilty to possessing a firearm while unlawfully using a controlled substance. He secured a plea deal allowing him to enter a rehabilitation program, with the charges to be dropped upon successful completion. However, Nyandoro was removed from the program after being arrested for fleeing from police. Consequently, the case proceeded to sentencing.The United States District Court for the Northern District of Texas denied Nyandoro's motion to withdraw his guilty plea, which he filed nearly ten months after entering it. He argued that the statute under which he pleaded guilty was unconstitutional. The district court found that the factors governing plea withdrawal did not favor Nyandoro and denied his motion. The court then sentenced him to 51 months’ imprisonment and three years of supervised release.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed Nyandoro's arguments. He contended that the district court should have allowed him to withdraw his plea and that the court should not have accepted the plea initially. The Fifth Circuit found that the district court did not abuse its discretion in denying the motion to withdraw the plea, as the factors considered did not support Nyandoro's position. Additionally, the court held that Nyandoro's appeal waiver, which was part of his plea agreement, barred his challenge to the district court's acceptance of his guilty plea. The waiver was found to be knowing and voluntary, and it encompassed his constitutional claims.The Fifth Circuit affirmed the district court’s judgment, upholding Nyandoro's conviction and sentence. View "United States v. Nyandoro" on Justia Law

Ahmed Abdalla Allam was charged with possession of a firearm within 1,000 feet of school grounds, violating 18 U.S.C. § 922(q)(2)(A). Allam challenged the constitutionality of the statute under the Second Amendment, both facially and as applied to him. The district court rejected his challenges, and Allam subsequently pled guilty. He then appealed the denial of his as-applied challenge.The United States District Court for the Eastern District of Texas upheld the statute as constitutional, both facially and as applied to Allam, and denied his motion to dismiss. The court applied the framework from New York State Rifle & Pistol Assn., Inc. v. Bruen, finding no historical precursor to § 922(q)(2)(A) but concluded that late 19th-century prohibitions on possessing firearms in schools and near polling places were relevantly similar historical analogues. Following the denial of his motion, Allam pled guilty and was sentenced to 60 months in prison and three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court applied the Bruen framework, determining that the Second Amendment's plain text covered Allam's conduct. However, the court found that § 922(q)(2)(A) was consistent with the Nation's historical tradition of firearm regulation, particularly when considering historical laws like the Statute of Northampton and going-armed laws, which restricted carrying firearms in a manner that posed a threat to public safety. The court also considered historical firearm regulations in educational settings and buffer zones around polling places, which supported the constitutionality of disarming a visibly threatening individual near a school.The Fifth Circuit affirmed the district court's rejection of Allam's as-applied challenge and upheld his guilty-plea conviction. View "USA v. Allam" on Justia Law

In this case, the defendant, Louis Vernon Jackson, was involved in two separate drug busts in Louisiana in April and May 2020. During these busts, law enforcement found significant quantities of drugs, firearms, and drug paraphernalia in motel rooms linked to Jackson. Following these incidents, Jackson was indicted on multiple charges, including conspiracy to distribute methamphetamine, possession with intent to distribute Tramadol, possession of firearms in furtherance of drug trafficking, possession of a firearm by a convicted felon, and possession with intent to distribute methamphetamine.Jackson chose to represent himself throughout the trial process. The magistrate judge conducted a Faretta colloquy to ensure Jackson's waiver of his right to counsel was made knowingly and voluntarily. Despite repeated warnings about the dangers and disadvantages of self-representation, Jackson insisted on proceeding pro se. Before the trial, the district judge conducted another Faretta colloquy to reaffirm Jackson's decision.The jury convicted Jackson on three counts: conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, and possession of a firearm by a convicted felon. He was acquitted on the charges of possession with intent to distribute Tramadol and possession of firearms in furtherance of drug trafficking. Jackson was sentenced to 360 months of imprisonment and subsequently appealed.The United States Court of Appeals for the Fifth Circuit reviewed the case. Jackson argued that the district court erred by not conducting a competency hearing sua sponte to determine his ability to represent himself. The Fifth Circuit found no abuse of discretion by the district court, noting that Jackson had been repeatedly warned about the challenges of self-representation and had demonstrated a rational understanding of the proceedings. The court affirmed the district court's decision, concluding that Jackson was competent to represent himself. View "United States v. Jackson" on Justia Law

Quintan Cockerell, a marketer for two compounding pharmacies, was convicted for receiving illegal kickbacks as part of a conspiracy to induce physicians to prescribe highly lucrative prescriptions. These pharmacies, including Xpress Compounding, focused on formulating expensive topical creams, resulting in significant reimbursements from federal insurers like TRICARE. Cockerell was involved in recruiting physicians, developing new formulas, and receiving commissions disguised as payments to his then-wife. He also provided financial incentives to physicians, including lavish vacations and investment opportunities, to encourage them to prescribe these creams.The United States District Court for the Northern District of Texas convicted Cockerell of violating the Anti-Kickback Statute, conspiracy, and money laundering. He was sentenced to 29 months of imprisonment, two years of supervised release, and ordered to pay $59,879,871 in restitution. Cockerell appealed, challenging the sufficiency of the evidence, alleged misstatements of law by the Government during trial, and the restitution order.The United States Court of Appeals for the Fifth Circuit reviewed the case and found that a reasonable jury could have convicted Cockerell based on the evidence presented. The court held that the Government provided sufficient evidence of Cockerell's involvement in the illegal kickback scheme and his intent to influence physicians. The court also found no reversible error in the Government's statements during closing arguments and upheld the restitution order, noting that Cockerell failed to provide evidence of legitimate services to offset the loss amount. Consequently, the Fifth Circuit affirmed the district court's judgment. View "United States v. Cockerell" on Justia Law

The defendant, Justin Gregory Jubert, was charged with cyberstalking under 18 U.S.C. § 2261A(2)(B) and transmitting a threatening communication in interstate commerce. The charges arose from a prolonged online campaign where Jubert used multiple Facebook accounts to threaten, harass, and intimidate the victim, M.R., his wife, and their two minor daughters. The harassment included posting threats, insults, and personal information, escalating to threats of violence and tracking the daughters' activities. The family took significant security measures in response, including installing cameras and contacting law enforcement.The United States District Court for the Southern District of Mississippi denied Jubert's motion to dismiss the charges, rejecting his facial challenge to the statute but deferring the as-applied challenge. Jubert then pleaded guilty to the cyberstalking charge, reserving his right to appeal the denial of his motion to dismiss. The district court sentenced him to 27 months in prison followed by three years of supervised release. Jubert appealed the denial of his motion to dismiss.The United States Court of Appeals for the Fifth Circuit reviewed the case and addressed two main questions: whether the statute is facially overbroad and whether Jubert's conduct qualifies as a true threat. The court concluded that the statute is not overbroad and that Jubert's conduct constituted true threats, which are not protected by the First Amendment. The court held that 18 U.S.C. § 2261A(2)(B) is constitutional as applied to Jubert and does not violate his right to freedom of speech. Consequently, the Fifth Circuit affirmed the district court's decision. View "United States v. Jubert" on Justia Law

At approximately 2:00 a.m. on September 10, 2020, Corpus Christi Police Officers Perez and Alfaro stopped Isaac Riojas after observing him roll through a stop sign. Riojas, known to the officers from prior investigations, opened his car door and threw his keys outside. Officer Perez noticed a strong odor of marijuana and ashes on Riojas’s lap. Riojas was detained, and a search of his vehicle revealed multiple bags of synthetic cannabinoid, marijuana, and methamphetamine. Riojas was arrested and charged with possession with intent to distribute methamphetamine and being a felon in possession of a firearm and ammunition.The United States District Court for the Southern District of Texas denied Riojas’s motion to suppress the evidence, holding that the search fell within the automobile exception to the Fourth Amendment. Riojas then entered an unconditional guilty plea and was sentenced to 121 months of imprisonment. He appealed the denial of his motion to suppress.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court noted that an unconditional guilty plea typically waives prior non-jurisdictional challenges, including suppression rulings. However, the government did not invoke this waiver on appeal, leading the court to consider whether it must raise the waiver sua sponte. The court decided not to raise the waiver on its own motion and proceeded to review the merits of the search.The Fifth Circuit concluded that the search was lawful under the automobile exception to the Fourth Amendment. The court held that the officers had probable cause to search Riojas’s vehicle based on the smell of marijuana, the visible ashes, and the partially smoked marijuana joint. Consequently, the court affirmed the district court’s denial of the motion to suppress and upheld Riojas’s conviction and sentence. View "USA v. Riojas" on Justia Law

In 2018, Marcus Delars Branson was convicted of bank robbery in Texas and sentenced to thirty-seven months in prison, followed by three years of supervised release. A condition of his release was that he not possess a firearm. In March 2023, a probation officer found two firearms in Branson's apartment, leading to his indictment for possession of a firearm by a felon under 18 U.S.C. § 922(g)(1). Branson moved to dismiss the indictment, arguing that § 922(g)(1) violated the Second Amendment, the Commerce Clause, and the Fifth Amendment's Due Process Clause. The district court denied his motion, and Branson pled guilty, receiving a forty-one-month prison sentence, consecutive to a twenty-four-month revocation sentence, followed by three years of supervised release.The United States District Court for the Southern District of Mississippi denied Branson's motion to dismiss the indictment. Branson then pled guilty and was sentenced to a total of sixty-five months in prison, followed by three years of supervised release. Branson appealed, presenting both preserved and unpreserved constitutional challenges.The United States Court of Appeals for the Fifth Circuit reviewed Branson's appeal. The court affirmed the district court's decision, holding that Branson's facial and as-applied Second Amendment challenges were foreclosed by precedent, specifically United States v. Diaz and United States v. Schnur. The court also rejected Branson's Commerce Clause and Fifth Amendment challenges, citing previous rulings that had addressed similar arguments. Finally, the court found that Branson's void-for-vagueness challenge lacked merit, as § 922(g)(1) clearly defined the prohibited conduct, and Branson had fair notice that his actions were unlawful. The court reviewed the unpreserved challenges for plain error and found none. Thus, the district court's sentence was affirmed. View "USA v. Branson" on Justia Law