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

Federal agents received a tip about methamphetamine being stored at a house in El Paso, Texas. An informant arranged a controlled buy with Carla Dominguez, who confirmed she had methamphetamine for sale. Dominguez and her husband, Samuel Crittenden, were observed by agents; Crittenden retrieved a bag from the house and handed it to Dominguez, who was later intercepted by police with ten pounds of methamphetamine. Crittenden admitted to storing items at the house and giving a bag to Dominguez, claiming he thought it contained marijuana. Additional drugs were found in the attic of the house.Crittenden and Dominguez were charged with conspiracy to possess and distribute methamphetamine and marijuana. The government raised a potential conflict of interest with Crittenden’s attorney, Leonard Morales, who also represented another individual involved in drug activities. The district court held a Garcia hearing, where Crittenden waived his right to conflict-free counsel. The court accepted the waiver, and the trial proceeded. Crittenden was convicted on all counts, but the district court later granted a new trial due to insufficient evidence. The Fifth Circuit reinstated the conviction for possession with intent to distribute methamphetamine and remanded for sentencing.The United States Court of Appeals for the Fifth Circuit reviewed Crittenden’s appeal, where he argued that the district court erred in accepting his waiver of conflict-free counsel and in denying a lesser-included-offense instruction for simple possession. The Fifth Circuit found that Crittenden’s waiver was voluntary, knowing, and intelligent, and that the district court did not err in accepting it. The court also held that the evidence overwhelmingly indicated intent to distribute, making a lesser-included-offense instruction for simple possession inappropriate. The court affirmed the district court’s decisions and remanded for further proceedings consistent with its opinion. View "United States v. Crittenden" on Justia Law

A senior trooper with the Louisiana State Police (LSP), August McKay, committed suicide at his home after learning he was being reassigned and that a search warrant was to be executed on his residence. His widow, Brandy McKay, sued several LSP officers under 42 U.S.C. § 1983 and Louisiana state law, alleging their actions contributed to his death. The district court denied qualified immunity to two officers, Sergeant Rohn Bordelon and Trooper David LaCroix, leading to this appeal.The United States District Court for the Eastern District of Louisiana initially dismissed Brandy’s Eighth Amendment claim but allowed her to amend her complaint. She then limited her claims to the Fourteenth Amendment and state laws. The district court found that Brandy had sufficiently stated § 1983 claims against Sgt. Bordelon and Trooper LaCroix, concluding they had subjective knowledge of August’s suicide risk and responded with deliberate indifference. The court dismissed the claims against other defendants and allowed the state law claims against Sgt. Bordelon and Trooper LaCroix to proceed.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the officers were entitled to qualified immunity because there was no constitutional duty to protect August from self-harm, as he was not in state custody or otherwise restrained. The court emphasized that the officers did not attempt to arrest or confine August, and Brandy’s complaint focused on their failure to restrain him. Without a constitutional duty, there could be no violation, and thus, the officers were entitled to qualified immunity. The court reversed the district court’s decision regarding qualified immunity and dismissed the appeal concerning the state law claims without prejudice, remanding the case for further proceedings. View "McKay v. LaCroix" on Justia Law

Josephine Perez-Gorda was convicted of fraud after she and her husband, Justin, misrepresented his medical condition to the U.S. Department of Veterans Affairs. Justin, who suffered a brain injury while on duty, and Perez-Gorda claimed he was unable to walk or care for himself, leading to the receipt of various government benefits, including a new home, car, and caregiver stipend. However, evidence showed Justin was more mobile and self-sufficient than they had represented. After Justin's death in 2022, Perez-Gorda was indicted on multiple counts of wire fraud, mail fraud, health care fraud, conspiracy to commit health care fraud, and aiding and abetting offenses.The United States District Court for the Western District of Texas convicted Perez-Gorda on all counts, and she was sentenced to forty-six months in prison. Perez-Gorda appealed, arguing that the jury instructions on wire and mail fraud were erroneous based on intervening circuit precedent. She did not object to these instructions at trial. The Fifth Circuit reviewed the instructions for plain error and found them erroneous but concluded that the error did not affect Perez-Gorda’s substantial rights, as there was no reasonable probability that the jury would have acquitted her under the correct instructions.Perez-Gorda also challenged statements made during the grand jury proceedings and the sufficiency of the evidence supporting the jury verdicts. The Fifth Circuit found that the statements did not influence the grand jury’s decision and that a rational jury could have found her guilty beyond a reasonable doubt. Additionally, Perez-Gorda contested her sentence, specifically the two-level upward adjustment for her role as an organizer or leader. The Fifth Circuit reviewed this factual finding for clear error and upheld it, noting evidence that Perez-Gorda supervised Justin in the fraudulent activities. The Fifth Circuit affirmed the district court’s judgment. View "USA v. Perez-Gorda" on Justia Law

On November 4, 2020, San Antonio police officers stopped a car driven by Ronnie Diaz, Jr. They detected a strong odor of marijuana and found empty baggies commonly used for narcotics. Diaz admitted to having ammunition in his pocket and being a convicted felon. A search of the vehicle revealed a .45 caliber pistol, methamphetamine, counterfeit Xanax, and heroin. Diaz had prior convictions, including theft of a vehicle and evading arrest in 2014, and possession of a firearm as a felon in 2018.Diaz was charged in the Western District of Texas with possession with intent to distribute methamphetamine, possessing firearms during a drug trafficking crime, and being a felon in possession of a firearm. He moved to dismiss the felon-in-possession charge, arguing it violated the Second Amendment. The district court denied the motion, and Diaz was convicted on all counts and sentenced to 120 months for counts one and three, to run concurrently, and 60 months for count two, to run consecutively.The United States Court of Appeals for the Fifth Circuit reviewed the case. Diaz raised two claims: that his conviction under 18 U.S.C. § 922(g)(1) was unconstitutional under the Second Amendment, both facially and as applied, and that the statute exceeded Congress’s power under the Commerce Clause. The court dismissed the Commerce Clause argument as foreclosed by precedent. Applying the historical analysis required by New York Rifle and Pistol Association, Inc. v. Bruen, the court found that the regulation of firearm possession by felons is consistent with the Nation’s historical tradition of firearm regulation. The court held that 18 U.S.C. § 922(g)(1) is constitutional as applied to Diaz and facially. Consequently, the Fifth Circuit affirmed Diaz’s conviction. View "United States v. Diaz" on Justia Law

Ethan Sturgis Day was involved in a fraudulent scheme that purported to sell shipping containers converted into housing units. The scammers, including Day, misrepresented their credentials and affiliations to lure customers, collected payments, and never delivered the promised container homes. Day managed employees and the scammers' bank accounts. The Presentence Investigation Report (PSR) identified 41 victims and assessed a loss amount of $2,563,123.72, but only detailed the financial circumstances of eight victims.The United States District Court for the Western District of Texas sentenced Day to 101 months of incarceration and three years of supervised release. The court enhanced Day's offense level based on the loss amount and for causing substantial financial hardship to 25 or more victims, as well as for his role as an organizer or leader. Day objected to these enhancements, but the district court overruled his objections and adopted the PSR. After a restitution hearing, the court lowered the loss amount by nearly $1 million and re-sentenced Day to 101 months, maintaining the same enhancements.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the district court erred in applying the six-point enhancement for substantial financial hardship to 25 or more victims, as the record did not support that 25 or more victims experienced substantial financial hardship. However, the court upheld the two-point enhancement for Day's role as an organizer or leader, noting that he exercised control over other participants and managed significant assets of the fraud. Consequently, the Fifth Circuit vacated Day's sentence and remanded the case for resentencing. View "United States v. Day" on Justia Law

The defendant, Christopher Gonzales, was convicted of possession of a firearm by a felon under 18 U.S.C. § 922(g)(1). He appealed his conviction and sentence, arguing that the district court erred by not applying Section 5G1.3(c) of the Sentencing Guidelines and by imposing a sentence that did not clearly reflect its judgment. Specifically, there was a discrepancy between the district court’s oral statements at the sentencing hearing and the written judgment regarding whether the 43 months Gonzales spent in state detention should count toward his federal sentence.The United States District Court for the Western District of Texas initially sentenced Gonzales without reducing his sentence by the 43 months he spent in state detention. The Fifth Circuit Court of Appeals identified this inconsistency and authorized a limited remand for the district court to clarify its intent regarding Gonzales’s sentence. On remand, the district court added language to the judgment stating that Gonzales’s federal sentence would run concurrently with any term imposed by the State of Texas but did not reduce the sentence by 43 months.The United States Court of Appeals for the Fifth Circuit reviewed the supplemental briefs and the record, concluding that the amended judgment fully clarified the district court’s intent and resolved all issues on appeal. The court found that the district court’s decision not to reduce Gonzales’s sentence by 43 months was consistent with its statements during sentencing and the decision to impose an upward variance. The Fifth Circuit also reaffirmed its earlier conclusion that Gonzales’s constitutional challenge to his Section 922(g)(1) conviction failed under plain error review. Consequently, the Fifth Circuit affirmed the district court’s amended judgment. View "United States v. Gonzales" on Justia Law

Christopher Dallas Nelson pleaded guilty to one count of possession of child pornography. The Presentence Investigation Report (PSR) revealed that Nelson possessed 3,699 images, including 196 images of his seven-year-old daughter and 25 images of his five-year-old daughter. Nelson admitted to downloading child pornography and taking images of his older daughter but denied producing images of his younger daughter. He also attempted to obstruct justice by hiding a laptop and cellphone containing evidence. Nelson's total offense level under the U.S. Sentencing Guidelines was 43, and he filed objections to the PSR.The United States District Court for the Western District of Texas sentenced Nelson to 240 months in prison, a $250,000 fine, additional restitution and special assessments totaling $10,100, and supervised release for life. The court imposed mandatory and standard conditions of supervised release and added discretionary special conditions barring Nelson’s access to the Internet. Nelson objected to these special conditions, and the court’s written judgment contained less severe versions of the Internet-related conditions. Nelson timely appealed.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's denial of a sentencing reduction for acceptance of responsibility, finding no abuse of discretion. The court also found that the written judgment conflicted with the oral pronouncement regarding Internet restrictions, holding that the oral pronouncement controls. Finally, the court held that the district court abused its discretion by imposing a lifetime Internet ban without exceptions, as it was not narrowly tailored. The court affirmed Nelson’s sentence except for the special conditions of supervised release, vacated the Internet-related conditions, and remanded for further proceedings. View "U.S. v. Nelson" on Justia Law

In September 8, 2018, Michael Holmes attended a public fair in Belle Chasse, Louisiana, to test a new camera lens. While taking photos, Holmes was approached by Deputy Sheriff Corbett Reddoch, who asked for his identification. Holmes questioned the request, leading to a physical altercation where Reddoch arrested Holmes, claiming he was taking pictures of children. Holmes was charged only with resisting arrest.Holmes filed a lawsuit in the United States District Court for the Eastern District of Louisiana, asserting claims under 42 U.S.C. § 1983 and Louisiana state law. The jury found in favor of Holmes on his Fourth Amendment unlawful arrest claim but granted qualified immunity to Reddoch for the investigatory stop. The jury also found for Holmes on state-law claims of battery, false imprisonment, and malicious prosecution. Reddoch's post-verdict motions for judgment as a matter of law and a new trial were denied by the district court.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's denial of Reddoch's motions, holding that there was sufficient evidence for the jury to conclude that Reddoch did not have probable cause to arrest Holmes. The court also found that Reddoch forfeited his qualified immunity defense for the false arrest claim by not raising it in his Rule 50 motion. Additionally, the court held that the jury's verdicts on the investigatory stop and arrest were not inconsistent, as they involved different legal standards. The court also upheld the jury's award of punitive damages, finding that Reddoch's actions demonstrated reckless or callous indifference to Holmes's constitutional rights. The judgment of the district court was affirmed. View "Holmes v. Reddoch" on Justia Law

Michael Ray Senn was convicted in a Texas state court of sexual assault and prohibited sexual conduct with his intellectually disabled daughter, Brenda, who has an IQ of 64 and the competence of a preteen. In 2011, Senn raped Brenda, resulting in her pregnancy and the birth of a child in January 2012. DNA testing confirmed Senn as the biological father. A Texas jury found Senn guilty and applied a sentencing enhancement under Texas Penal Code Section 22.011(f), which increased the maximum sentence to life imprisonment because Senn was already married at the time of the assault.Senn's conviction and sentence were affirmed on direct appeal by the Texas Court of Appeals. The Texas Court of Criminal Appeals vacated the initial appellate decision and remanded the case for reconsideration in light of its decision in Arteaga v. State. On remand, the appellate court initially found insufficient evidence for the enhancement but was later overruled by the Texas Court of Criminal Appeals in Lopez v. State, which clarified that the enhancement applied if the defendant was married to someone other than the victim at the time of the assault. Senn's subsequent appeals, including an equal protection challenge, were rejected by the Texas courts.Senn then filed a federal habeas corpus petition, arguing that the application of the sentencing enhancement violated the Equal Protection Clause. The United States District Court for the Northern District of Texas denied his petition, holding that the state court's decision was not contrary to or an unreasonable application of clearly established federal law under the Anti-Terrorism and Effective Death Penalty Act (AEDPA).The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court held that Senn failed to demonstrate that the state court's application of the law was unreasonable or contrary to clearly established federal law, specifically noting that the enhancement had a rational basis in protecting children and vulnerable individuals from sexual exploitation. View "Senn v. Lumpkin" on Justia Law

Two defendants, Arturo Cuellar ("AC") and Ricardo Quintanilla, were involved in a scheme to bribe city commissioners in Weslaco, Texas, to secure contracts for an infrastructure project. The bribes were intended to influence the awarding of contracts to Camp Dresser & McKee (CDM) and Briones Consulting and Engineering, Ltd. Quintanilla bribed Commissioner Gerardo Tafolla, while AC bribed Commissioner John Cuellar (JC). Leo Lopez, a consultant for CDM and Briones, facilitated the bribes. The scheme involved multiple meetings and payments, with both commissioners taking actions to favor CDM and Briones. The city paid approximately $42.5 million to CDM, Briones, and LeFevre, with Lopez distributing funds to AC and Quintanilla.The United States District Court for the Southern District of Texas convicted Quintanilla and AC of various federal offenses, including conspiracy to commit honest-services wire fraud, honest-services wire fraud, federal program bribery, conspiracy to launder monetary instruments, and money laundering. Quintanilla was sentenced to 200 months in custody, while AC received 240 months. Both were also ordered to pay fines, special assessments, restitution, and forfeiture amounts. The defendants appealed their convictions and sentences.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the convictions and sentences. The court addressed several issues raised by the defendants, including claims of constructive amendment of the indictment, sufficiency of the indictment, recusal of the district judge, and evidentiary rulings. The court found that the government did not constructively amend the indictment and that the evidence supported the convictions. The court also held that the district judge did not need to recuse herself and that the evidentiary rulings were within the court's discretion. The court concluded that the defendants' arguments were either forfeited, not meritorious, or both. View "USA v. Quintanilla" on Justia Law