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

Rudy Naranjo, a federal prisoner, was serving concurrent 360-month sentences for multiple drug conspiracy offenses involving crack and powder cocaine, and a consecutive 120-month sentence for using and possessing a semiautomatic weapon in furtherance of the drug crime. He moved under Section 404 of the First Step Act of 2018 seeking a sentence reduction, which the district court denied. Naranjo then filed a second Section 404 motion. The district court dismissed that motion for lack of jurisdiction under Section 404(c) and, alternatively, denied the motion on the merits.Previously, Naranjo had been indicted on four counts of conspiring to and possessing with the intent to distribute crack and powder cocaine, and for knowingly using and possessing a semiautomatic weapon in furtherance of a drug trafficking crime. He was found guilty on all counts. After a series of post-conviction proceedings and appeals, Naranjo filed several motions challenging his sentence under the Fair Sentencing Act of 2010, all of which were denied. He then filed his first motion seeking relief under Section 404 of the First Step Act, arguing he was eligible for a sentence reduction. The district court denied this motion, concluding that Naranjo did not qualify for relief under the Fair Sentencing Act.In the United States Court of Appeals for the Fifth Circuit, Naranjo asserted that the district court erred when dismissing his second Section 404 motion for lack of jurisdiction. He also alleged that the district court should have reduced his sentence for his powder cocaine offense and should have analyzed the “full slate” of his arguments. The Court of Appeals held that Section 404(c) is a mandatory claim-processing rule, not a jurisdictional bar as the district court assumed. However, the Court of Appeals affirmed the district court's decision, concluding that Section 404(c)’s limitation on multiple motions must be enforced to bar Naranjo’s second Section 404 motion. View "USA v. Naranjo" on Justia Law

Buzzy Martinez was arrested and charged with transporting undocumented aliens hidden in his tractor-trailer after a U.S. Border Patrol (USBP) canine alerted to the vehicle. Martinez argued that the canine’s alerts could not provide the handler with the necessary reasonable suspicion to extend the stop of his vehicle and probable cause to search it because dogs are unable to reliably differentiate between the scents of a vehicle’s driver and concealed humans within the vehicle. The district court denied Martinez’s motion to suppress the evidence gathered from his vehicle, and he pleaded guilty while preserving his right to appeal the suppression ruling.The district court found that the USBP canine and its handler were adequately trained and certified to detect concealed humans, and that dogs are capable of detecting concealed humans. The court concluded that the canine’s alerts and indications were reliable, providing reasonable suspicion to extend the stop for a second sniff, and probable cause to search Martinez’s tractor-trailer after Martinez was removed from the vehicle. Martinez was sentenced to eighteen months in prison, followed by a term of supervised release of three years, and he appealed the ruling.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court held that the district court's finding that the canine was reliable in detecting concealed humans was not clearly erroneous. The court also noted that the canine was trained and certified to detect both concealed humans and controlled substances, and Martinez did not contest the canine's ability to detect controlled substances. Therefore, the canine's alert provided the handler with reasonable suspicion to investigate for and probable cause to search for controlled substances. The court concluded that the canine's alerts and indications at the primary inspection point provided reasonable suspicion to extend the stop and investigate for concealed humans, and at the secondary inspection point, after Martinez exited the vehicle and stated no one else was inside, the canine's continued alerts to the cab area of Martinez’s tractor-trailer provided probable cause to search the cab for concealed humans. View "United States v. Martinez" on Justia Law

Dr. Randy Lamartiniere, an internal medicine doctor, was convicted of twenty counts of unlawful distribution of controlled substances. Lamartiniere had been practicing medicine for approximately thirty years and had a growing number of chronic pain patients. Concerns arose about his management of opioid and narcotic prescriptions and his inability to maintain timely patient records, leading to his termination from a clinic. He then opened his own practice, where a significant portion of his patients were pain management patients. The Drug Enforcement Administration (DEA) launched an investigation into his prescription practices, which included undercover agents posing as chronic pain patients. Lamartiniere was subsequently charged with twenty-eight counts of unlawful distribution of Schedule II controlled substances.At trial, the Government presented evidence from Lamartiniere’s former patients, undercover agents, and expert witnesses. Lamartiniere testified in his own defense, arguing that he was genuinely trying to treat his patients' legitimate medical conditions. The jury convicted Lamartiniere on twenty counts, and he was sentenced to 180 months per count, to run concurrently. Lamartiniere appealed, challenging the jury instructions and the sufficiency of the evidence supporting his convictions. The United States Court of Appeals for the Fifth Circuit affirmed the convictions, finding no reversible error. View "United States v. Lamartiniere" on Justia Law

The case involves Elliott Sterling, who was convicted for engaging in a fraudulent scheme to obtain loan and grant funds from the Department of Education’s Federal Student Aid Program. Sterling submitted fraudulent applications on behalf of students, both real and fictional, and also committed fraud in connection with his educational consulting business. He was indicted for multiple counts of wire fraud, financial aid fraud, and engaging in monetary transactions involving property derived from specified unlawful activity. Sterling chose to represent himself during the trial after his request for a new counsel was denied.The district court found Sterling competent to waive his right to counsel and allowed him to proceed pro se in his defense. After a 9-day jury trial, Sterling was convicted on all counts. He was sentenced to 132 months of imprisonment, followed by a 3-year term of supervised release. Sterling appealed, raising several Sixth Amendment claims.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court found no merit in Sterling’s procedural or substantive challenges. It held that Sterling's waiver of counsel was clear, unequivocal, and voluntary, and that he was competent to represent himself at trial. The court also found that the district court did not err in allowing Sterling to represent himself at his own competency hearing, and that the district court's determination of Sterling's competence did not constitute an abuse of discretion. View "United States v. Sterling" on Justia Law

The case involves Thomas Perkins, who was convicted of one count of distributing child pornography and eight counts of possessing devices containing child pornography. Perkins, who has mental health issues, was deemed competent to stand trial by the district court. He was sentenced to over 157 years in prison, a significant upward variance from the guideline range. Perkins appealed, challenging both the competency determination and the reasonableness of his sentence.Perkins was initially charged with possession and distribution of child pornography. His counsel filed a motion for a mental examination, which was granted. Perkins was evaluated by a psychologist who determined that he was competent to stand trial. Perkins filed a motion for a second competency hearing, supported by a report from a psychologist retained by the defense, who diagnosed Perkins with bipolar-type schizoaffective disorder and autism. The government then moved for another psychological examination. Perkins was evaluated by a second psychologist, who determined that Perkins did not have a mental disease that rendered him unable to understand the nature of the charges or the consequences of the proceeding or to assist in his defense.The United States Court of Appeals for the Fifth Circuit affirmed the conviction but vacated the sentence. The court found that the district court's determination of Perkins's competency was not clearly arbitrary or unwarranted. However, the court found that the district court erred in its sentencing, as it did not provide a sufficient explanation for the significant upward variance from the guideline range. The case was remanded for resentencing. View "United States v. Perkins" on Justia Law

Kyle Lamar West was charged with seven counts of production of child pornography. He negotiated a plea agreement, pleading guilty to two counts in exchange for the dismissal of the other five. The plea agreement included a waiver of most of his appellate rights, but reserved the right to appeal a sentence exceeding the statutory maximum punishment. The probation office recommended a sentence of 720 months of imprisonment and $6,000 in restitution to the victim's mother. The district court adopted these recommendations.West appealed the restitution part of his sentence, arguing that the district court failed to conduct a proximate-cause analysis as required by precedent. The United States Court of Appeals for the Fifth Circuit reviewed the case. The court noted that the district court had cited inapplicable statutes and had not conducted a proximate-cause analysis. The court also noted that the record lacked any dollar amount or range approximating the amount of the victim's losses.The Court of Appeals found that the district court's failure to conduct a proximate-cause analysis was a clear and obvious error. The court also found that this error affected West's substantial rights and undermined the fairness, integrity, and public reputation of judicial proceedings. The court concluded that the district court had plainly erred by failing to connect West's offense conduct to the loss suffered by the victim.The Court of Appeals vacated the district court's restitution order and remanded the case for further proceedings consistent with its opinion. The court noted that on remand, the district court could determine whether the government could present new evidence justifying the order of restitution. View "United States v. West" on Justia Law

In September 2020, George Fluitt was indicted on three counts of fraud and offering kickbacks related to genetic testing services that his company, Specialty Drug Testing LLC, provided to Medicare beneficiaries. As part of a nationwide investigation into genetic testing fraud, the Government executed search warrants at laboratories referred to as the Hurricane Shoals Entities (“HSE”), allegedly operated by Khalid Satary. The Government copied several terabytes of data from HSE, some of which were later determined to be material to Fluitt’s defense.In the lower courts, the Government established a “Filter Team” to review materials seized in its investigation and identify any that might be privileged. The Filter Team’s review was governed in part by a Protocol Order, which established a multi-step process for notifying a third party that it might have a claim of privilege and then adjudicating that claim. HSE and Satary provided privilege logs to the Filter Team, asserting thousands of claims of privilege. Both Fluitt and the Filter Team found these privilege logs to be facially deficient as they made only threadbare assertions of privilege, without any accompanying explanation.In the United States Court of Appeals Fifth Circuit, the court affirmed the lower court's decision. The court found that the appellants failed to establish their claims of privilege. The court also found that the appellants' argument that they are not bound by the Protocol Order was a red herring, as the magistrate judge evaluated the appellants’ privilege logs under the standards established by federal caselaw. The court also rejected the appellants' argument that Fluitt “has not shown a need for the documents” and has not “demonstrated any kind of relevancy.” The court found that the record suggests that Fluitt “has a need” for the potentially privileged documents, as the Government determined that the potentially privileged materials were material to preparing Fluitt’s defense. View "United States v. Fluitt" on Justia Law

The case involves Maria E. Garcia and Liang Guo Yu, who were convicted for money laundering. The charges stemmed from their involvement with the Villalobos drug trafficking organization (DTO) in Houston, Texas. The DTO was known for moving hundreds of kilograms of cocaine and making yearly profits in the millions. Garcia and Yu were implicated in the seizure of large sums of cash during two separate searches. They were charged with conspiring to launder monetary instruments and aiding and abetting money laundering. Both defendants appealed their convictions, arguing that the evidence was insufficient to prove beyond a reasonable doubt that they committed the offenses.Prior to their trial, the defendants had their motions for a new trial and to suppress denied by the district court. At trial, the government presented testimony from ten witnesses and introduced dozens of exhibits. The jury found Garcia and Yu guilty of both charges. Post-trial, the district court denied all three motions for a new trial and for a judgment of acquittal. Garcia was sentenced to two concurrent 78-month terms of imprisonment and two concurrent 3-year terms of supervised release. Yu was sentenced to two concurrent 151-month terms of imprisonment and two concurrent 3-year terms of supervised release.The United States Court of Appeals for the Fifth Circuit affirmed the judgments of the district court. The court found that the evidence presented at trial was sufficient to prove the defendants' guilt beyond a reasonable doubt. The court also held that the district court did not err in assessing a sentencing enhancement for Garcia and in denying Yu's motion to suppress without conducting an evidentiary hearing. The court further held that the district court did not err in denying Yu's motion for a new trial as untimely. View "USA v. Garcia" on Justia Law

Danny Richard Rivers, an inmate in the Texas Department of Criminal Justice, filed a second habeas corpus petition under 28 U.S.C. § 2254 while his first petition was still pending on appeal. The second petition challenged the same convictions as the first but added new claims. Rivers argued that these new claims arose after he was able to review his attorney-client file, which he had long requested and only received after a successful state bar grievance adjudication against his counsel. The district court deemed the second petition "successive" under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which requires an applicant to first get authorization from the appropriate court of appeals for such a petition. The district court held that it lacked jurisdiction to entertain the petition without such authorization and transferred the matter to the Fifth Circuit Court of Appeals.Rivers appealed the district court's transfer order, arguing that his second petition should have been construed as a motion to amend his first petition since it was still pending on appeal. He also contended that his claims should not have been considered successive because his counsel withheld his client file that would have allegedly exposed his ineffective assistance, and this information was not available to him when he filed his first petition.The United States Court of Appeals for the Fifth Circuit disagreed with Rivers' arguments. The court found that Rivers' second petition attacked the same conviction as his first petition and added several new claims that stemmed from the proceedings already at issue in his first petition. The court held that the fact that Rivers' later-obtained client file allegedly contained information that was not available to him when he filed his first petition did not excuse him from meeting the standards for seeking authorization under § 2244. The court also held that the timing of Rivers' second petition did not permit him to circumvent the requirements for filing successive petitions under § 2244. The court affirmed the district court's order transferring the matter to the Fifth Circuit Court of Appeals for lack of jurisdiction. View "Rivers v. Lumpkin" on Justia Law

Elden Don Brannan was living with his sister and her three children in Corpus Christi, Texas. In 2022, Brannan's sister called 911 to report that Brannan had assaulted her boyfriend and was threatening suicide. She informed the police that Brannan had a "pipe bomb" in his bedroom closet. The bomb squad removed the device and Brannan was arrested. He was later indicted by a grand jury for possessing an unregistered "destructive device" in violation of 26 U.S.C. § 5861(d). His sister testified that Brannan had built the device from disassembled fireworks. Brannan's defense was that the device was not an explosive but a "makeshift roman-candle or fountain firework" designed to emit a pyrotechnic display.Brannan was found guilty by a federal jury. He moved for acquittal, arguing that the evidence was insufficient to show he had designed the device as a weapon. These motions were denied. Brannan also requested the court to instruct the jury that to convict him under 26 U.S.C. § 5861(d), it had to find he had intentionally designed the device for use as a weapon. The court rejected this proposed instruction, reasoning that Brannan's intent to design the device as a weapon was not an element of the offense but an affirmative defense. The jury found Brannan guilty and he was sentenced to 24 months in prison followed by three years of supervised release.On appeal to the United States Court of Appeals for the Fifth Circuit, Brannan argued that the evidence was insufficient to convict him and that the jury instruction omitted an element of the offense. The court disagreed, affirming Brannan's conviction. The court held that under its binding precedent, the exception to § 5861(d) is an affirmative defense, not an element of the crime. Therefore, the government did not need to prove that the device was "designed for use as a weapon." The court also concluded that the district court did not err by following the circuit’s pattern instructions and declining to add "designed as a weapon" as an element of § 5861(d). View "United States v. Brannan" on Justia Law