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

On December 22, 2022, Jesus Soto Parra, an American citizen, attempted to enter the United States at the Presidio, Texas port of entry. After being turned back by Mexican officials due to a vehicle registration issue, Soto Parra returned to the U.S. and initially denied having any weapons, ammunition, or cash over $10,000 to a Customs and Border Protection (CBP) officer. Upon further inspection, he admitted to having a weapon in his vehicle. A search revealed a firearm, ammunition, and body armor. Soto Parra was charged with exporting a pistol without authorization and was found guilty by a jury.The United States District Court for the Western District of Texas sentenced Soto Parra, applying a two-level enhancement for obstruction of justice based on his false statements to the CBP officer and during his post-arrest interview. The Presentence Investigation Report (PSR) recommended a base offense level of 14, which was increased to 16 due to the obstruction enhancement, resulting in a sentencing range of 24 to 30 months. Soto Parra objected to the enhancement, but the district court overruled his objections and sentenced him to 30 months in prison.The United States Court of Appeals for the Fifth Circuit reviewed the case and found that the district court erred in applying the obstruction of justice enhancement. The appellate court determined that Soto Parra's false statements did not significantly impede the investigation or prosecution, as required for the enhancement under U.S.S.G. § 3C1.1. The court held that the error was plain and affected Soto Parra's substantial rights, as it resulted in a higher sentencing range. Consequently, the Fifth Circuit vacated Soto Parra's sentence and remanded the case for resentencing without the obstruction of justice enhancement. View "USA v. Parra" on Justia Law

The defendant was convicted of four counts of fraud for submitting two fraudulent Paycheck Protection Program (PPP) loan applications during the COVID-19 pandemic. She misrepresented the number of employees and payroll expenses for her businesses, requesting nearly $4 million in total. One application was denied, and the funds from the other were frozen and seized before she could access them. Throughout the prosecution, the defendant had conflicts with multiple appointed attorneys, leading to several motions to substitute counsel, all of which were denied by the district court. The trial proceeded with the defendant absent on the first day after she refused to change out of her jail clothes and participate, but she was present for the remainder of the trial.The United States District Court for the Southern District of Texas denied the defendant's motions to substitute counsel, finding no substantial conflict or complete breakdown in communication that warranted new counsel. The court also determined that the defendant had voluntarily waived her right to be present at the trial by refusing to cooperate and change into street clothes. The jury found the defendant guilty on all counts, and the court sentenced her to 70 months of imprisonment and ordered her to pay over $2 million in restitution to the Small Business Administration (SBA).The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decisions. The appellate court held that the district court did not abuse its discretion in denying the motions to substitute counsel, as the defendant's intransigence caused the communication breakdown. The court also found that the district court properly concluded the defendant voluntarily waived her right to be present at trial. Additionally, the appellate court upheld the district court's sentencing enhancement based on intended loss and the restitution order, finding no clear error in these determinations. View "United States v. Kasali" on Justia Law

Quincy Palmer was stopped by Houston Police officers for driving with a tinted windshield, which is illegal under Texas law. During the stop, Palmer admitted to possessing marijuana and a firearm, and also revealed that he was a convicted felon. Palmer moved to suppress the evidence obtained during the stop, arguing that the officers lacked reasonable suspicion to stop him and that his statements should be suppressed under Miranda v. Arizona.The United States District Court for the Southern District of Texas denied Palmer’s motion to suppress. The court found that the officers had reasonable suspicion to stop Palmer based on the illegal tint on his windshield. Additionally, the court determined that Palmer’s statements were not made during a custodial interrogation, and thus, Miranda warnings were not required. Palmer subsequently pleaded guilty to possession of a firearm by a felon but reserved the right to appeal the suppression ruling.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court’s decision. The appellate court agreed that the officers had reasonable suspicion to stop Palmer due to the illegal windshield tint, which was corroborated by video evidence and officer testimony. The court also upheld the finding that Palmer was not in custody for Miranda purposes when he made the incriminating statements, as the interaction was brief, non-accusatory, and occurred in a public setting. Therefore, the court concluded that there was no Miranda violation and affirmed the denial of Palmer’s motion to suppress. View "United States v. Palmer" on Justia Law

In February 2023, state detectives in Midland, Texas, arranged a controlled purchase of cocaine from Samuel Barraza-Urias. During a traffic stop, officers found Barraza-Urias and Bay Travon Wilson in a vehicle with 160.6 grams of cocaine and three firearms, including a short barrel AR-15 rifle, a KelTec semi-automatic pistol, and a Ruger semi-automatic pistol with an obliterated serial number. Wilson admitted to possessing the rifle and the KelTec pistol. He pleaded guilty to being a felon in possession of a firearm and possessing an unregistered firearm.The United States District Court for the Western District of Texas assigned Wilson a base offense level of 20 and applied several enhancements: a four-level enhancement for possessing a firearm in connection with another felony offense, a four-level enhancement for possessing a firearm with an obliterated serial number, and a two-level enhancement for possession of three or more firearms. Wilson objected to these enhancements, arguing insufficient evidence. The district court overruled his objections and sentenced him to 97 months’ imprisonment and three years of supervised release on each count, to run concurrently.The United States Court of Appeals for the Fifth Circuit reviewed the case. Wilson argued that his conviction under 18 U.S.C. § 922(g)(1) violated his Second Amendment rights post-Bruen. The court reviewed for plain error and found no clear or obvious error. The court also upheld the district court’s application of the sentencing enhancements, finding sufficient evidence that Wilson was involved in drug trafficking and constructively possessed the Ruger pistol. The Fifth Circuit affirmed the district court’s judgment. View "USA v. Wilson" on Justia Law

Joseph Boswell, Sr. was convicted by a jury of bankruptcy fraud and tax evasion. Boswell operated a business servicing pizza ovens and stopped reporting income and paying taxes around 1995. He filed for bankruptcy in 2011, claiming significant back taxes owed. The government alleged that Boswell used various corporate entities, nominally owned by family members, to conceal assets from the IRS and creditors. During his bankruptcy, Boswell reported minimal assets and income, despite evidence suggesting he controlled significant funds through these entities.The United States District Court for the Western District of Louisiana oversaw the initial trial. Boswell moved to dismiss the bankruptcy fraud charge, arguing it was untimely and that the indictment was improperly sealed. The district court denied this motion, finding the government had a legitimate reason for sealing the indictment. Boswell also requested a bill of particulars, which the court denied, and he was ultimately convicted on both counts. The district court sentenced him to sixty months in prison and ordered restitution to the IRS.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the government failed to demonstrate a legitimate prosecutorial purpose for sealing the indictment, which meant the statute of limitations was not tolled, rendering the bankruptcy fraud charge untimely. Consequently, the court reversed Boswell's conviction on the bankruptcy fraud charge. However, the court affirmed the tax evasion conviction, finding sufficient evidence to support the jury's verdict. The court also upheld the district court's jurisdiction to impose restitution while the appeal was pending and found no cumulative errors warranting a new trial for the tax evasion charge. View "USA v. Boswell" on Justia Law

In July 2020, Taylor Hildreth was a passenger in a car stopped by police at known narcotics locations. The driver consented to a search, and Hildreth admitted to having drugs in his pant leg, which led to the discovery of methamphetamine, Xanax, and drug paraphernalia. A loaded firearm was found in the glove compartment, which Hildreth admitted was his, knowing he was barred from possessing it due to a prior felony conviction. Hildreth was indicted for being a felon in possession of a firearm and released on pretrial supervision. He was later arrested for assaulting his father, violating his pretrial conditions, and was ordered to in-patient drug treatment, which he completed after an initial discharge for policy violations.The United States District Court for the Southern District of Texas reviewed the case. Hildreth pleaded guilty to the firearm possession charge. The presentence investigation report (PSR) calculated a total offense level of eighteen and a criminal history category IV, resulting in a Guidelines range of forty-one to fifty-one months. The PSR recommended no adjustment for acceptance of responsibility due to Hildreth's continued criminal conduct. The district court denied the adjustment and imposed an upward departure, sentencing Hildreth to eighty months' imprisonment followed by three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case. Hildreth raised four challenges: the inclusion of a prior misdemeanor in his criminal history, the denial of an acceptance of responsibility adjustment, the upward departure in sentencing, and the constitutionality of 18 U.S.C. § 922(g)(1). The court found no clear or obvious error in including the misdemeanor, upheld the denial of the adjustment based on continued criminal conduct, found no abuse of discretion in the upward departure, and rejected the constitutional challenge based on existing precedent. The Fifth Circuit affirmed Hildreth's sentence and conviction. View "U.S. v. Hildreth" on Justia Law

David Devaney, Jr. was convicted of participating in a drug trafficking conspiracy. He provided security for a drug deal orchestrated by his father, which went wrong when the buyers refused to go to a hotel room. This led to a car chase where David and his co-conspirators shot at the buyers, injuring one and killing a bystander. David was later identified by one of the buyers and arrested after a high-speed chase. In his post-arrest interview, he admitted to his role in the drug deal but denied firing a gun. Searches of his car and cell phones revealed drugs and incriminating messages.The United States District Court for the Northern District of Texas denied David’s motions to suppress evidence from his car and cell phones, as well as his post-arrest statements. The court found him guilty of conspiracy to possess methamphetamine with intent to distribute and sentenced him to 480 months in prison. David appealed, challenging the suppression rulings and the calculation of his offense level under the Sentencing Guidelines.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court upheld the district court’s denial of the suppression motions, finding that the search warrants were supported by probable cause and that David did not unequivocally invoke his right to counsel during his post-arrest interview. The court also affirmed the district court’s application of the Sentencing Guidelines, including the cross-reference to the murder guideline, which set David’s offense level at 43. The court concluded that any other potential errors in the sentencing calculation were harmless, as the cross-reference dictated the offense level. The Fifth Circuit affirmed the district court’s judgment. View "USA v. Devaney" on Justia Law

Joel Francois Jean was incarcerated in Texas since 2009 after pleading guilty to conspiracy to possess with intent to distribute cocaine and possession of a firearm in furtherance of a drug-trafficking offense. At sentencing, he was classified as a career offender due to three prior Texas controlled-substance convictions, resulting in a Guidelines range of 352 to 425 months, but he received a 292-month sentence. Subsequent legal decisions (Mathis v. United States, United States v. Hinkle, and United States v. Tanksley) redefined what constitutes a controlled-substance offense, meaning Jean would not be classified as a career offender if sentenced today.Jean filed a motion for compassionate release in 2023, arguing that changes in the law, sentence disparities, and his rehabilitation warranted release. The district court found that the non-retroactive changes in the law, combined with Jean's extraordinary rehabilitation, constituted extraordinary and compelling reasons for compassionate release. The court noted Jean's significant efforts towards self-improvement and the support he received from Bureau of Prisons officials. Consequently, Jean was resentenced to time served, followed by eight years of supervised release.The United States appealed the district court's decision. The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's grant of compassionate release. The appellate court held that district courts have the discretion to consider non-retroactive changes in the law, along with other factors such as extraordinary rehabilitation, when determining whether extraordinary and compelling reasons exist for compassionate release. The court emphasized that this discretion is consistent with Supreme Court precedent and Congressional intent, and noted that the Sentencing Commission's November 1, 2023 Amendments support this interpretation. View "USA v. Jean" on Justia Law

Salvador Jaquez was convicted by a jury of conspiracy to transport an undocumented alien and transporting or attempting to transport an undocumented alien within the United States. The charges stemmed from an incident where Jaquez was found in a truck with undocumented aliens hidden in a trailer. The truck was intercepted by Border Patrol agents near Laredo, Texas, after being detected by surveillance cameras. Jaquez was the only U.S. citizen in the vehicle, and various incriminating items were found in the truck, including cell phones, bolt cutters, and master locks.The United States District Court for the Southern District of Texas handled the initial trial. Jaquez pled not guilty, but the jury found him guilty on both counts. The district court sentenced him to concurrent 36-month prison terms followed by three years of supervised release. Jaquez appealed, challenging the sufficiency of the evidence for both convictions.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court examined whether the evidence presented at trial was sufficient to support the jury's verdict. For the conspiracy charge, the court found that Jaquez's inconsistent statements, his knowledge of the smuggling operation, and his communications with a contact named Edgar Descargas provided sufficient circumstantial evidence of an agreement to transport undocumented aliens. For the transporting charge, the court determined that Jaquez's role in the operation, including his possession of the locks and keys and his coordination efforts, demonstrated sufficient control over the means of transportation.The Fifth Circuit concluded that a rational juror could find Jaquez guilty beyond a reasonable doubt on both counts. The court affirmed the district court's judgment, upholding Jaquez's convictions and sentences. View "United States v. Jaquez" on Justia Law

The case involves Priscilla Yvette Cervantes, who was convicted of participating in a drug-trafficking conspiracy to possess and aid in the possession of a controlled substance with the intent to distribute. The conspiracy was orchestrated by the Federal Bureau of Investigation (FBI) as a reverse-sting operation targeting Cervantes's boyfriend and later husband, Alexsander Reyes, a former Harris County Precinct One Constable’s Deputy suspected of corruption and stealing drugs from law enforcement seizures. Cervantes accompanied Reyes on multiple occasions, including transporting money and escorting drugs for a fake cartel in exchange for cash payments.The case was initially heard in the United States District Court for the Southern District of Texas, where Cervantes was found guilty on both counts of conspiring and aiding and abetting possession with the intent to distribute a controlled substance. Cervantes moved for acquittal on both counts, arguing that there was insufficient evidence to show that she or Reyes ever actually or constructively possessed the cocaine, or that she knew, or reasonably should have known, that the weight of the cocaine was at least five kilograms. The district court denied the motion.On appeal to the United States Court of Appeals for the Fifth Circuit, Cervantes raised three issues. She argued that the district court erred in denying her motion for acquittal, in failing to give a jury instruction that she could not be in a conspiracy alone with a government agent, and in excluding a video clip of Reyes's post-arrest interview with an FBI agent. The Court of Appeals affirmed the district court's decision, finding that there was substantial evidence for the jury to find beyond a reasonable doubt that Cervantes and Reyes engaged in an agreement to possess with the intent to distribute a controlled substance. The court also found no error in the district court's refusal to give a specific jury instruction or in its decision to exclude the video clip. View "United States v. Cervantes" on Justia Law