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

The Fifth Circuit affirmed defendant's motions to suppress evidence filed after defendant pleaded guilty to drug-related charges. The court held that officers had reasonable suspicion to conduct the searches of defendant's residence, his dealership, and his mother's home; an officer's Terry-style frisk of defendant once he arrived at the dealership to transport defendant to his residence was proper given the visible bulges in defendant's pockets that were large enough to conceal weapons; and thus the district court did not err by denying the motions to suppress. View "United States v. Williams" on Justia Law

The Fifth Circuit vacated the district court's sentence requiring defendant to obtain mental health treatment as a special condition of supervised release after she pleaded guilty to transportation of an undocumented alien. The court held that the district court committed reversible error in imposing this special condition without the statutorily required factual findings. In this case, there was no reported history of mental or emotional health related problems and the probation office's investigation had revealed no information to indicate otherwise. Accordingly, the court remanded for the district court to reconsider whether to impose this special condition. View "United States v. Alvarez" on Justia Law

The Fifth Circuit affirmed defendant's conviction and sentence for carjacking and two related firearms offenses. The court held that even if the district court erred by excluding a government witness's Facebook posts, defendant failed to show that the error had a substantial and injurious effect or influence in determining the jury's verdict; assuming that the Government's reference to defendant's three prior felonies was improper, defendant failed to demonstrate prejudice sufficient to require a new trial; the district court did not err by applying a two-level sentencing enhancement to defendant's sentence under USSG 3C1.1 for perjury; the district court did not erroneously calculate defendant's base offense level; and the court rejected defendant's claim that the district court should have set aside his conviction under 18 U.S.C. 924(c)(3). The court remanded to the district court for the limited purpose of correcting a clerical error. View "United States v. Johnson" on Justia Law

Defendant appealed his conviction for theft of government property (counts two and three) and conspiracy to commit theft of government property (count one). The court held that errors in the indictment, jury instruction, and verdict form directly undermined defendant's defense. Therefore, the court vacated defendant's convictions as to counts two and three. The court affirmed defendant's conviction under count one, as well as the district court's evidentiary and sentencing rulings. The court remanded for the district court to determine whether defendant's sentence should change in light of counts two and three being vacated. View "United States v. Fairley" on Justia Law

Defendant appealed his conviction for theft of government property (counts two and three) and conspiracy to commit theft of government property (count one). The court held that errors in the indictment, jury instruction, and verdict form directly undermined defendant's defense. Therefore, the court vacated defendant's convictions as to counts two and three. The court affirmed defendant's conviction under count one, as well as the district court's evidentiary and sentencing rulings. The court remanded for the district court to determine whether defendant's sentence should change in light of counts two and three being vacated. View "United States v. Fairley" on Justia Law

The Fifth Circuit reversed the district court's denial of a petition for habeas relief under 28 U.S.C. 2254. The court held that petitioner's Federal Rule of Civil Procedure 59(e) motion was timely filed and tolled the deadline for filing a notice of appeal until the entry of the order disposing of the motion. The court also held that this case presented one of those "extreme situations" in which the court was justified in finding a violation of the Sixth Amendment based on implied juror bias during the punishment phase of his trial. Although petitioner's conviction for possession of methamphetamine must stand, his sentence of life imprisonment could not. Accordingly, the court remanded with instructions. View "Uranga v. Davis" on Justia Law

The Fifth Circuit affirmed defendant's conviction of two counts of forced labor and two counts of harboring an illegal alien for profit. The court held that the district court did not abuse its discretion by admitting the testimony of a government expert witness regarding trauma bonds; the district court did not err by permitting Mosaic Family Services to withhold documents from her under the psychotherapist-patient and attorney-client privileges; any error arising from the prosecutor's comments during rebuttal closing was harmless; and the district court did not abuse its discretion by applying the vulnerable victim sentencing enhancement under USSG 3A1.1(b)(1). View "United States v. Murra" on Justia Law

The Fifth Circuit affirmed defendant's conviction for his involvement in a drug trafficking conspiracy and for firearm offenses. The court held that defendant's convictions were supported by sufficient evidence. However, the court vacated defendant's sentence, holding that the mandatory minimum sentence of 120 months of imprisonment was inapplicable. In this case, the court could not say that the jury "surely" would have found that defendant possessed the shotgun in furtherance of a drug trafficking at the time alleged in the indictment. Therefore, the court exercised its discretion under the plain error standard of review to remand to the district court for resentencing. View "United States v. Suarez" on Justia Law

The Fifth Circuit affirmed defendant's child pornography conviction and sentences. The court held that there was sufficient evidence to convict defendant of distributing child pornography; defendant's convictions and sentences for receiving child pornography were not multiplicitous; the district court did not reversibly err in calculating defendant's Guidelines range and applying a five-level enhancement under the 2015 version of USSG 2G2.2(b)(3)(B); the district court imposed a substantively reasonable sentence; and the court denied defendant's Sixth Amendment ineffective assistance of counsel claim without prejudice to collateral review. View "United States v. Barton" on Justia Law

The Fifth Circuit affirmed defendant's conviction of ten counts of willfully failing to account for and pay over to the IRS the federal income taxes he withheld from his employees, in violation of 26 U.S.C. 7202, and one count of willfully attempting to evade and defeat payment of payroll taxes, penalties, and interest due and owing to the United States, in violation of 26 U.S.C. 7201. The court joined the Second, Third, and Ninth Circuits, in holding that section 7202 is violated when one either willfully fails to account for or pay over taxes collected. In this case, the court held that there was sufficient evidence to convict defendant of the charges. View "United States v. Sertich" on Justia Law