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

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

William Dexter Lucas was involved in schemes to fraudulently obtain small-business loans from the government and vehicle loans from private institutions. He pleaded guilty to conspiracy to commit bank and wire fraud and waived his right to appeal. His presentence investigation report (PSR) included details of his fraudulent activities and mentioned allegedly fraudulent social security benefits he had been receiving. At sentencing, the district court ordered Lucas to pay restitution to both the private institutions and the Social Security Administration (SSA). Lucas appealed his sentence, challenging the restitution orders for the vehicle loans and social security benefits.The United States District Court for the Southern District of Texas initially handled the case. Lucas objected to the PSR's restitution calculations, arguing that the vehicle loans restitution was ordered to the wrong victim and incorrectly calculated, and that the social security benefits restitution was improper because he was entitled to the benefits and the alleged fraud was not part of the same scheme as the offenses in his indictment. The district court recalculated the vehicle loans restitution but upheld the SSA restitution, finding that Lucas's statement to the SSA was fraudulent and that the SSA fraud was part of the same conduct as the fraud alleged in the indictment.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the SSA restitution was erroneous because the SSA fraud was not part of the same scheme or conspiracy as the offenses in the indictment. The court affirmed the vehicle loans restitution, finding that Lucas's challenge to the calculation was barred by his appeal waiver and that the dealerships were proper victims. The court affirmed the vehicle loans restitution but vacated the SSA restitution award. View "United States v. Lucas" on Justia Law

Richard Hall and his partners established a pharmacy business to capitalize on the market for compounded drugs, targeting federal insurers for high reimbursements. They created two pharmacies, Rxpress and Xpress Compounding, to handle private and federal insurance claims, respectively. The business model involved paying marketers commissions to secure prescriptions from physicians, which led to over $59 million in federal healthcare reimbursements. Hall and his partners were indicted for conspiracy to defraud the United States, paying and receiving illegal kickbacks, and money laundering.The United States District Court for the Northern District of Texas tried the case. The jury found Hall guilty on multiple counts, including conspiracy to defraud the United States and paying illegal kickbacks. The district court sentenced Hall to 52 months in prison, three years of supervised release, and ordered him to pay over $59 million in restitution. Hall's motion for release pending appeal was denied by both the district court and the appellate court.The United States Court of Appeals for the Fifth Circuit reviewed the case. Hall raised four arguments on appeal: improper jury instructions regarding the burden of proof for the safe-harbor defense under the Anti-Kickback Statute (AKS), the definition of "employee" in the jury instructions, the exclusion of his proposed jury instruction on kickback recipients, and the imposition of restitution. The Fifth Circuit held that the district court correctly placed the burden of persuasion for the safe-harbor defense on Hall, properly defined "employee" in the jury instructions, and did not err in excluding Hall's proposed instruction on kickback recipients. The court also upheld the restitution order, finding it appropriate based on the total loss to the government. Consequently, the Fifth Circuit affirmed Hall's convictions and the district court's restitution order. View "United States v. Hall" on Justia Law

Scott Breimeister and four codefendants were tried for allegedly defrauding public and private healthcare programs of over $140 million through a scheme involving false claims for prescription drugs. During the trial, the Government made late disclosures of evidence favorable to the defense, affecting a significant portion of the testimony. The district court, concerned about the fairness of the trial, declared a mistrial sua sponte after determining that curative measures would not suffice to ensure a fair verdict.The United States District Court for the Southern District of Texas denied Breimeister's subsequent motion to bar retrial, finding that the Double Jeopardy Clause did not preclude a second trial because the mistrial was a "manifest necessity." Breimeister appealed this decision.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that Breimeister had impliedly consented to the mistrial by failing to object contemporaneously, and thus, the Double Jeopardy Clause did not bar retrial. Additionally, the court found that the district court did not abuse its discretion in declaring a mistrial due to manifest necessity, given the extensive impact of the Government's late disclosures on the trial's fairness. The appellate court concluded that the district court had carefully considered alternatives and acted within its discretion in declaring a mistrial. View "United States v. Breimeister" on Justia Law

A Texas state jury convicted Jesus Jaime Jimenez of organized crime involving violent robbery, and he was sentenced to 50 years in prison. Jimenez filed a federal habeas corpus petition, claiming his conviction was tainted by judicial bias due to the trial judge's relationship with the district attorney, who had misappropriated funds to pay for the judge's travel expenses.Jimenez first appealed his conviction through the Texas court system, where the Fourth Court of Appeals affirmed the jury's verdict, and the Texas Court of Criminal Appeals (TCCA) refused his petition for discretionary review. He then filed a state habeas corpus application, which was remanded by the TCCA to the trial court for findings on his claims of ineffective assistance of counsel, Brady violations, and judicial bias. The trial court rejected his claims, and the TCCA denied relief without a written order. Jimenez subsequently filed a federal habeas petition, which was initially denied as time-barred. However, the Fifth Circuit granted a certificate of appealability (COA), vacated the district court's decision, and remanded for further consideration. On remand, the district court again denied the petition as time-barred, but the Fifth Circuit found Jimenez entitled to equitable tolling and remanded for consideration on the merits. The district court ultimately denied relief on the merits, and Jimenez appealed.The United States Court of Appeals for the Fifth Circuit reviewed the case and denied Jimenez's habeas relief. The court held that the state court's adjudication of Jimenez's judicial-bias claim was not contrary to, nor an unreasonable application of, clearly established federal law. The court found that the trial judge's actions, while inappropriate, did not demonstrate actual or presumptive bias against Jimenez. The Fifth Circuit also denied Jimenez's motion to expand the COA to include his ineffective assistance of counsel and Brady claims, concluding that the district court's resolution of these claims was not debatable among jurists of reason. The court affirmed the district court's judgment and denied habeas relief. View "Jimenez v. Guerrero" on Justia Law