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

During a traffic stop in Hidalgo County, Texas, a sheriff’s deputy pulled over Gerardo Villarreal for driving with a partially obscured license plate. The deputy discovered Villarreal did not have a driver’s license or insurance. After a canine sniff alerted to an item in the vehicle, officers searched the car, finding a handgun and a small amount of cocaine. Villarreal was later indicted for being a felon in possession of a firearm under federal law. He moved to suppress the handgun as evidence, arguing the search violated his Fourth Amendment rights.The United States District Court for the Southern District of Texas held a hearing on the motion to suppress. The court heard testimony from the arresting deputy, who explained that department policy generally required impounding vehicles when the driver lacked a license or insurance, with certain exceptions. The deputy testified he would have impounded Villarreal’s vehicle and performed an inventory search, which would have revealed the handgun. Villarreal attempted to impeach this testimony, referencing another incident where the deputy did not impound a vehicle under similar circumstances, but the deputy explained possible exceptions. The district court found the deputy credible and denied the motion to suppress, applying the inevitable-discovery doctrine.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s factual findings for clear error and legal conclusions de novo. The Fifth Circuit held that the inevitable-discovery doctrine applied because the government showed by a preponderance of the evidence that an inventory search, conducted pursuant to standard department policy, would have discovered the handgun. The court found that the impounding and inventory search were imminent before any alleged misconduct, and the department’s policy sufficiently limited officer discretion. The Fifth Circuit affirmed the district court’s judgment, upholding denial of the motion to suppress. View "USA v. Villarreal" on Justia Law

Federal and state law enforcement officers executed a search warrant at the home and business of George Peterson, a federally licensed firearms dealer operating out of his residence in Louisiana. The warrant was supported by an affidavit detailing months of investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), including undercover purchases where Peterson failed to report firearm sales as required and sold firearms under circumstances suggesting knowledge of illegal transactions. During the search, agents discovered a homemade, unregistered firearm suppressor in Peterson’s closet safe. The suppressor lacked a serial number and was not registered as required by the National Firearms Act (NFA).A grand jury in the United States District Court for the Eastern District of Louisiana indicted Peterson for possession of an unregistered suppressor in violation of the NFA. Peterson moved to dismiss the indictment, arguing the NFA’s registration scheme violated his Second Amendment rights as applied to him, and also moved to suppress the evidence, claiming the search violated the Fourth Amendment. The district court denied both motions. Peterson entered a conditional guilty plea, reserving the right to appeal those rulings. He was sentenced to twenty-four months’ imprisonment.On appeal, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s decisions. The court held that, assuming suppressors are protected by the Second Amendment, the NFA’s “shall-issue” licensing and registration regime is presumptively constitutional under New York State Rifle & Pistol Association v. Bruen and related precedent. Peterson failed to show that the NFA’s requirements denied him his rights or were applied abusively. Regarding the motion to suppress, the court found that the good-faith exception to the exclusionary rule applied because the officers reasonably relied on a warrant issued by a magistrate judge, even if probable cause was disputed. Thus, both denials were affirmed. View "United States v. Peterson" on Justia Law

Two brothers sought multimillion-dollar loans from a bank to fund oil and gas investments. Because the bank required collateral, one brother arranged for a third party to create fraudulent documents making it appear that a securities account was worth millions. The brothers paid the third party for these fake statements, and, over several years, borrowed millions from the bank. They used some of the loan proceeds for improper purposes, including personal expenses and paying for the fake account statements. The bank eventually discovered the fraud after questioning the third party, who confessed and cooperated with the government, leading to indictments for conspiracy to commit bank fraud and money laundering.Prior to trial, the case was assigned to a district judge who had previously represented the victim bank in unrelated civil matters. One brother pled guilty to conspiracy to commit bank fraud before trial, while the other, Phillip, went to trial. The district court denied motions to dismiss the indictment, sever the defendants, and for the judge’s recusal. It also admitted certain evidence and denied several of Phillip’s proposed jury instructions. After a jury found Phillip guilty on all counts, he was sentenced to concurrent prison terms and supervised release. He appealed, raising issues related to the judge’s recusal, evidentiary rulings, prosecutorial delay, instructions, and sufficiency of the evidence.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the district judge was not required to recuse himself due to his prior, unrelated representation of the bank. The court found no reversible error in the handling of co-conspirators’ pleas or other evidentiary rulings, found no grounds for dismissal due to prosecutorial delay, and held that the jury instructions were adequate. The court also found the evidence sufficient to support the convictions and rejected the cumulative error argument. The convictions were affirmed. View "USA v. Page" on Justia Law

The case concerns Holly Ann Elkins, who, along with her fiancé Andrew Beard, engaged in stalking and harassing Beard’s ex-girlfriend, Alyssa Burkett. Their actions included installing a GPS tracker on Burkett’s car, making false police reports, and plotting to plant incriminating evidence. These efforts were intended to gain custody of Beard’s child. Ultimately, Beard murdered Burkett, with Elkins providing assistance, such as purchasing materials used in the crime. Elkins was subsequently convicted by a jury of conspiracy to stalk, cyberstalking resulting in death, and using a firearm during a crime of violence.The United States District Court for the Northern District of Texas sentenced Elkins to five years for conspiracy, a life sentence for cyberstalking resulting in death, and a consecutive life sentence for the firearm offense. Elkins appealed to the United States Court of Appeals for the Fifth Circuit, focusing on the firearm conviction and its associated life sentence. She argued that the underlying cyberstalking offense could not serve as a predicate “crime of violence” for the firearm charge under 18 U.S.C. § 924(c).The United States Court of Appeals for the Fifth Circuit held that the relevant cyberstalking statute, specifically 18 U.S.C. § 2261A(2)(B), is not categorically a “crime of violence” because it does not require as an element the use, attempted use, or threatened use of physical force, even if death results. Consequently, the court vacated Elkins’s conviction and life sentence for the firearm charge. The court affirmed her convictions and sentences on the other counts, rejecting challenges related to the Commerce Clause, jury instructions, and alleged judicial bias. View "USA v. Elkins" on Justia Law

Christopher Kirchner, the founder and CEO of a Dallas-based logistics software startup, raised substantial funds from investors over several rounds of stock offerings. While some of these funds were used for legitimate business expenses, Kirchner misappropriated millions for personal use, including luxury purchases such as private jet charters and stadium suites. To secure additional investments and conceal his misuse of earlier funds, Kirchner made false statements about the company’s financial health and fabricated documents. When the company began missing payroll, he launched another unauthorized funding round and continued his pattern of deception. Eventually, internal scrutiny and investor complaints led to his suspension and termination, and the company was forced to liquidate.The United States District Court for the Northern District of Texas presided over Kirchner’s trial, where a jury convicted him on four counts of wire fraud and seven counts of money laundering. The district court sentenced him to 240 months in prison and issued a Presentence Report applying the money-laundering Guideline with an abuse-of-trust enhancement, resulting in a higher offense level. Kirchner appealed, arguing that the district court’s questioning of witnesses showed judicial bias, that there was insufficient evidence to support two wire fraud convictions, and that there were errors in the sentencing calculations, including the application of the abuse-of-trust enhancement and the calculation of loss amounts.The United States Court of Appeals for the Fifth Circuit reviewed the appeal. The court held that the district court’s questioning did not amount to plain error or violate due process, as its interventions were limited and the jury received proper instructions. The evidence was sufficient to support all convictions, including the challenged wire fraud counts. The court also affirmed the sentencing approach, concluding that the abuse-of-trust enhancement properly applied and that the loss calculation was reasonable. Accordingly, the Fifth Circuit affirmed Kirchner’s conviction and sentence. View "United States v. Kirchner" on Justia Law

A lawful permanent resident from Mexico entered the United States in 2016 and, in 2024, pleaded guilty to eight criminal offenses in New Mexico, including child abuse and aggravated assault with a deadly weapon. The child abuse conviction was based on an incident in which he punched a child in the lip. The aggregate sentence for all convictions was approximately 21.5 years. Following these convictions, the Department of Homeland Security initiated removal proceedings, alleging that his child abuse conviction qualified as a removable offense under federal law, and that the aggravated assault conviction constituted an aggravated felony.An Immigration Judge denied the petitioner’s motion to terminate the proceedings, sustaining both charges of removability. The petitioner’s counsel declined to seek any further relief from removal, reserving only the right to appeal. The Board of Immigration Appeals considered the case next, focusing on whether the New Mexico child abuse statute fit the federal definition of a removable “crime of child abuse.” Applying the categorical approach, the Board concluded that the statute matched the federal standard and dismissed the petitioner’s appeal, not addressing the aggravated assault conviction.The United States Court of Appeals for the Fifth Circuit reviewed the Board’s decision. The court held that the petitioner failed to show a realistic probability that New Mexico would apply its child abuse statute in a way broader than the federal definition. The court also determined that the petitioner was statutorily ineligible for cancellation of removal, regardless of whether his aggravated assault conviction constituted an aggravated felony, because he had multiple convictions with aggregate sentences exceeding five years within seven years of his admission as a permanent resident. Finding no basis for remand or relief, the Fifth Circuit denied the petition for review. View "Santiago v. Bondi" on Justia Law

In June 2021, Ulysses Rubalcava was discovered by his then-wife in the act of sexually abusing his eleven-year-old stepdaughter. A search of Rubalcava’s cellphone revealed numerous images and videos documenting his sexual abuse of both his eight-year-old daughter and his stepdaughter. Both children reported that the abuse had occurred over several years and involved physical and psychological harm, including being forced to watch pornographic videos and recordings of their own abuse. Law enforcement found nearly two hundred images and one video on Rubalcava’s devices that depicted these acts.Rubalcava was indicted in the United States District Court for the Southern District of Texas on one count of possessing child pornography and two counts of sexual exploitation of children. He pleaded guilty to all charges without a plea agreement. The Presentence Investigation Report calculated an offense level of 50, which was reduced to 43 under the sentencing guidelines. With a criminal history category of I, Rubalcava faced a guidelines range of life imprisonment, capped by statutory maximums. The report also detailed his financial resources, including a residence, a vehicle, and a special needs trust.The district court sentenced Rubalcava to concurrent prison terms of 240 and 360 months, imposed restitution of $10,000, and assessed $45,300 in criminal monetary penalties, including a $30,000 special assessment under the Amy, Vicky, and Andy Child Pornography Victim Assistance Act. Rubalcava appealed, challenging the restitution order, the AVAA assessment, several sentencing enhancements, and the guidelines calculation.The United States Court of Appeals for the Fifth Circuit affirmed the district court’s judgment. The appellate court held that the restitution award was supported by reasonable evidence, the AVAA assessment properly considered Rubalcava’s financial resources including his home and trust, and the sentencing enhancements and guidelines calculation were correctly applied or, alternatively, any error was harmless given the statutory maximums. View "USA v. Rubalcava" on Justia Law

In 2009, an individual was convicted of receiving child pornography and sentenced to 210 months in prison, followed by a life term of supervised release with specified conditions. After modifications to these conditions, the individual began serving supervised release. In October 2024, a probation officer alleged violations of the release conditions, to which the individual admitted certain allegations. The United States District Court for the Western District of Texas revoked supervised release, imposed a 36-month prison term, and reimposed a life term of supervised release. At the revocation hearing, the court orally imposed “the same conditions of release previously imposed and not yet completed.” However, the written judgment incorporated additional discretionary conditions by reference to a district-wide standing order, including a new requirement that the defendant obtain full-time employment of at least thirty hours per week.The defendant appealed the new, unpronounced discretionary conditions in the written judgment that were not mentioned during the oral pronouncement at sentencing. Both parties agreed that the new full-time employment requirement imposed a greater burden than the prior conditions and conflicted with what was orally pronounced, but disagreed on whether duplicative conditions also needed to be removed.The United States Court of Appeals for the Fifth Circuit held that any discretionary condition in a written judgment that conflicts with the oral pronouncement at sentencing must be excised on remand. The court found that the full-time employment requirement conflicted with the oral pronouncement and must be deleted. However, duplicative discretionary conditions that did not broaden the restrictions or requirements could be preserved. Accordingly, the Fifth Circuit vacated part of the sentence and remanded the case, instructing the district court to amend the written judgment to conform with the oral pronouncement. View "United States v. Currier" on Justia Law

Detectives sought to arrest an individual based on an outstanding warrant and observed him near a corner store. When approached, he fled and discarded a loaded firearm into a bush. Upon apprehension, officers recovered the firearm and found five rocks of crack cocaine and $94 on his person. The individual had multiple prior felony convictions under Louisiana law, including attempted possession of a firearm by a convicted felon, aggravated flight from an officer, possession of heroin, possession of a firearm by a convicted felon, and aggravated battery. He pled guilty to knowingly possessing a firearm after being convicted of a felony.The United States District Court for the Eastern District of Louisiana sentenced him to 70 months of incarceration and three years of supervised release. The court applied a four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B), finding that he possessed the firearm in connection with another felony offense, specifically drug trafficking, based on the quantity of crack cocaine and circumstances of his arrest. The defendant objected, arguing there was insufficient evidence to support the enhancement, but the district court overruled the objection and adopted the Presentence Investigation Report.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed his facial and as-applied constitutional challenges to 18 U.S.C. § 922(g)(1), as well as the application of the sentencing enhancement. The court held that existing precedent foreclosed his Second Amendment challenges to § 922(g)(1). Additionally, the Fifth Circuit concluded the district court did not clearly err in applying the four-level enhancement, determining that the record plausibly supported a finding that he possessed the firearm in connection with drug trafficking. Accordingly, the Fifth Circuit affirmed both the conviction and the sentence. View "USA v. McCree" on Justia Law

On the night of November 29, 2021, a Hattiesburg police officer conducted a traffic stop of a vehicle due to a defective tag light. The driver, unable to provide identification or insurance, was asked to exit the car. During a protective pat-down, the officer discovered a concealed firearm on the driver, who initially denied its presence. The officer then approached the passenger, Andrew Ducksworth, who stated he was paralyzed from the waist down. After requesting Ducksworth to raise his hands and initiating a pat-down, the officer felt a hard object between Ducksworth’s legs, which Ducksworth denied was a firearm. Upon further investigation and backup, officers found a loaded firearm in Ducksworth’s possession and learned he was a convicted felon.Ducksworth was charged in the United States District Court for the Southern District of Mississippi with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). He moved to suppress the firearm, arguing the officer lacked reasonable suspicion for the pat-down, and also moved to dismiss the indictment on Second Amendment grounds. After a hearing, with officer testimony and corroborating body- and dash-cam footage, the district court denied both motions. At a bench trial, Ducksworth stipulated to all elements of the offense, presented no evidence, was found guilty, and sentenced to thirty-six months in prison and three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the denial of the motions and the sufficiency of the evidence. The court held that, considering the totality of the circumstances—including the driver’s possession and concealment of a firearm, the high-crime area, and the officer’s safety concerns—there was reasonable suspicion for the pat-down. The court also held that Ducksworth’s stipulation satisfied the statutory element of a prior felony conviction and rejected his constitutional challenges, affirming the district court’s judgment in full. View "United States v. Ducksworth" on Justia Law