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

Celia Ignacia Esquivel-Bataz, a Mexican citizen, was previously convicted of making a false statement to obtain credit and deported in 2012. In April 2025, she was found by ICE agents at an illegal gambling parlor in Houston. She was indicted for illegal reentry after deportation following a felony conviction, in violation of 8 U.S.C. § 1326(a) and (b). ICE lodged an immigration detainer against her, indicating that she would be taken into custody and removed to Mexico if released.A magistrate judge initially found that Esquivel-Bataz was not a flight risk and ordered her release on bond pending trial. The Government responded with an emergency motion to stay and revoke the release order, which the United States District Court for the Southern District of Texas granted. Esquivel-Bataz then moved for pretrial release, and the district court held an evidentiary hearing. After hearing testimony, including from an ICE officer about the detainer’s effect, the district court denied her motion, finding her to be a flight risk based on her criminal history, Mexican citizenship, prior deportation, and current unlawful presence.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s order under an abuse-of-discretion standard. The appellate court held that the district court did not abuse its discretion in denying pretrial release. The Fifth Circuit clarified that the district court did not treat the immigration detainer or potential deportation as flight risk per se, but rather considered the totality of circumstances, including individualized factors required by the Bail Reform Act. The order denying pretrial release was affirmed. View "United States v. Esquivel-Bataz" on Justia Law

In early 2023, police responded to a disturbance at a residence in Odessa, Texas, where Deimon Nolan Simpson, who had recently been evicted, attempted to enter the house he believed was still his. After being blocked by the new tenant, Simpson retrieved a firearm from his car, entered through a window, and shot the tenant’s dog. Simpson, a convicted felon with prior convictions including possession of a controlled substance, evading arrest or detention with a vehicle, and being a felon in possession of a firearm, was charged with violating 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.The United States District Court for the Western District of Texas denied Simpson’s motion to dismiss the indictment. Simpson then pleaded guilty, admitting to the relevant prior felony convictions. On appeal, Simpson challenged the constitutionality of § 922(g)(1) as applied to him under the Second Amendment, and also raised facial and Commerce Clause challenges, which he acknowledged were foreclosed by existing Fifth Circuit precedent.The United States Court of Appeals for the Fifth Circuit reviewed the constitutional challenge de novo. The court held that the felon-in-possession statute is constitutional as applied to Simpson because his predicate felony—evading arrest or detention with a vehicle—involved violent conduct, and there is a historical tradition of disarming individuals who pose a credible threat of violence. The court found that both historical and contemporary laws support permanent disarmament in such circumstances, and that the statute does not broadly restrict firearm rights but targets those with demonstrated threats to public safety. Accordingly, the Fifth Circuit affirmed the district court’s denial of the motion to dismiss. View "USA v. Simpson" on Justia Law

Luis Alfredo Lezama-Ramirez, a noncitizen who had previously been removed from the United States, pleaded guilty to unlawfully reentering the country in violation of federal law. After his guilty plea, the Probation Office prepared a presentence report (PSR) that included a list of standard and special conditions for supervised release. At sentencing, Lezama-Ramirez’s counsel indicated there were no objections to the PSR, and the district court adopted it. The court imposed a one-year term of supervised release, referencing compliance with standard and special conditions, but did not read these conditions aloud. The written judgment later included the same conditions as those in the PSR.The United States District Court for the Eastern District of Louisiana entered the judgment, and Lezama-Ramirez appealed, arguing that there were discrepancies between the oral pronouncement of supervised release conditions at sentencing and those listed in the written judgment. He specifically challenged the imposition of certain standard and special conditions that were not read aloud, as well as differences between the oral and written versions of two particular conditions.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that because Lezama-Ramirez had notice of the supervised release conditions through the PSR and did not object at sentencing, there was no reversible error in imposing the conditions that were not read aloud. However, the court found that the written version of one special condition (Special Condition 2) imposed an additional reporting requirement not included in the oral pronouncement, which constituted an impermissible conflict. The Fifth Circuit vacated the imposition of Special Condition 2 and remanded for the district court to conform it to the oral pronouncement, while affirming the remainder of the judgment. View "United States v. Lezama-Ramirez" on Justia Law

The defendant pleaded guilty to possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). The presentence investigation report determined that the defendant’s offense level was increased due to two prior Louisiana felony convictions: aggravated battery and distribution of cocaine. The report also applied enhancements for a stolen firearm and use of the firearm in connection with another felony. The defendant objected to these enhancements and the classification of his prior aggravated battery conviction as a “crime of violence.” The district court overruled the objections, adopted the report’s findings, and sentenced the defendant to 120 months in prison, the statutory maximum.On appeal to the United States Court of Appeals for the Fifth Circuit, the defendant argued that § 922(g)(1) is unconstitutional under the Second Amendment, relying on New York State Rifle & Pistol Ass’n, Inc. v. Bruen, and that the district court erred in treating his prior aggravated battery conviction as a crime of violence for sentencing purposes. The defendant had not raised these arguments in the district court, so the Fifth Circuit reviewed for plain error.The Fifth Circuit held that, under existing precedent, a conviction under § 922(g)(1) does not constitute plain error, and there has been no development in the law to suggest otherwise. Regarding the sentencing enhancement, the court found that the defendant failed to show a “realistic probability” that Louisiana courts would uphold an aggravated battery conviction based on reckless or negligent conduct, as required to demonstrate clear or obvious error under the categorical approach. The court concluded that neither the conviction nor the sentence was reversible under plain error review and affirmed the judgment of the district court. View "USA v. Sereal" on Justia Law

Five individuals were charged in federal court for their roles in a large-scale drug trafficking operation. The scheme involved purchasing marijuana from states where it was legal, such as California and Oregon, and distributing it to twenty-one other states. The operation used drivers to transport marijuana and related products, with cash proceeds handled outside of financial institutions to avoid detection. Law enforcement investigations included surveillance, traffic stops, and searches of residences, warehouses, and storage units, resulting in the seizure of large quantities of marijuana, THC products, cash, and firearms. The lead investigator analyzed cell phone data to estimate the scope of the conspiracy, concluding it involved over 23,000 kilograms of marijuana.The United States District Court for the Eastern District of Texas indicted the five appellants and ten co-defendants on multiple counts, including conspiracy to possess with intent to distribute marijuana, conspiracy to commit money laundering, and other individualized charges. Eight co-defendants pleaded guilty, while the five appellants went to trial. After an eight-day trial, the jury convicted all five of conspiracy to possess with intent to distribute 1,000 kg or more of marijuana and conspiracy to commit money laundering. Roberts was also convicted of continuing criminal enterprise and possession of a firearm in furtherance of a drug trafficking crime. Sentences ranged from 48 to 240 months’ imprisonment, with some counts dismissed or sentences ordered to run concurrently.The United States Court of Appeals for the Fifth Circuit reviewed the convictions and sentences. The court affirmed the convictions for conspiracy to possess with intent to distribute marijuana and promotional money laundering, but vacated the sentences for certain defendants due to errors in the admission of a summary chart used to estimate drug quantities and clerical errors in the judgments and presentence reports. The court remanded for resentencing under the default penalty provision and correction of clerical errors, while affirming other aspects of the convictions and venue determinations. View "United States v. McGuire" on Justia Law

Ricky Wilson was implicated in an incident at a Waffle House, where he allegedly brandished a green pistol with a drum magazine during a dispute, causing fear in another customer. The victim identified Wilson, his vehicle, and the weapon. A detective, already investigating Wilson for another matter, learned that Wilson’s girlfriend rented an apartment at 212 Central Avenue, where Wilson’s car was later observed. Two weeks after the Waffle House incident, the detective sought and obtained both an arrest warrant for Wilson and a search warrant for the apartment, based on an affidavit that recounted the Waffle House events and stated that items related to the assault were “believed to be located” at the apartment. The search yielded ammunition, marijuana, and a firearm, leading to federal charges against Wilson.The United States District Court for the Eastern District of Louisiana granted Wilson’s motion to suppress the evidence found at the apartment. The court found that the affidavit supporting the search warrant failed to establish a nexus between the Waffle House incident and the apartment, rendering the warrant unsupported by probable cause. The court also determined that the good-faith exception to the exclusionary rule did not apply because the affidavit was so lacking in indicia of probable cause that reliance on it was unreasonable. The government appealed this decision.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court’s suppression of the evidence. The Fifth Circuit held that the affidavit was a “bare-bones” statement, offering no facts connecting the alleged crime to the apartment, and thus failed to establish probable cause. The court further held that the good-faith exception did not apply because the affidavit was so deficient that no reasonable officer could believe it established probable cause. The suppression of the evidence was therefore proper. View "United States v. Wilson" on Justia Law

A Syrian-born naturalized U.S. citizen, together with a business partner, sought to establish a halal beef slaughterhouse in Colombia and solicited investment for the venture. An FBI confidential informant, suspicious of their activities, connected them with an undercover agent posing as a representative of a wealthy investor. The supposed investor agreed to provide $9 million on the condition that at least five percent be sent to Jabhat al-Nusra, a group designated as a foreign terrorist organization by the U.S. State Department. The defendants agreed to this arrangement, took steps to conceal the transfers, and demonstrated knowledge that the funds would support violent acts by the group. The FBI terminated the operation, and the defendant was arrested and charged with conspiracy to murder and maim persons in a foreign country, and conspiracy to provide material support to terrorists and to a designated foreign terrorist organization.The United States District Court for the Western District of Texas presided over the trial, where a jury found the defendant guilty on all counts. The court sentenced him to concurrent terms of 160 months’ imprisonment. The defendant appealed, raising several issues, including the exclusion of his son’s testimony, limitations on cross-examination, sufficiency of the evidence, denial of a combatant-immunity instruction, the jury instruction regarding the terrorist organization’s designation, and the denial of sanctions for an alleged violation of a preservation order by a government witness.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the convictions. The court held that the district court did not abuse its discretion in excluding the son’s testimony or in its evidentiary rulings, found no reversible error in the jury instructions, and determined that the evidence was sufficient to support the convictions. The appellate court also concluded that the district court acted within its discretion in denying sanctions related to the preservation order. View "United States v. Wadi" on Justia Law

After being released from a psychiatric hold, Reginald Humbles traveled from Lafayette to New Orleans, Louisiana, with little money and a firearm. When he ran out of gas, he encountered a waste removal truck and, after allegedly receiving a message from God, took the truck at gunpoint from its driver. Humbles then led police on a lengthy chase, which ended after officers deployed spike strips. Upon arrest, a loaded revolver was found in his possession. Humbles, a U.S. Army veteran with a history of mental illness, was indicted for being a felon in possession of a firearm.The United States District Court for the Eastern District of Louisiana accepted Humbles’s guilty plea. During sentencing, the court adopted a presentence report that cross-referenced the robbery Sentencing Guideline, applied an enhancement for reckless endangerment during flight, and included a criminal history point for an uncounseled misdemeanor DUI conviction. The court denied Humbles’s motions for a downward variance and departure based on mental health and military service, and sentenced him to 92 months’ imprisonment. Humbles appealed, challenging the application of the robbery Guideline, the enhancements, the inclusion of his DUI conviction, and the denial of his motions for a lower sentence.The United States Court of Appeals for the Fifth Circuit reviewed the case and found no reversible error. The court held that the district court did not err in cross-referencing the robbery Guideline, as Humbles failed to meet his burden to prove legal insanity at the time of the offense. The court also upheld the enhancements for reckless endangerment and the inclusion of the uncounseled DUI conviction, finding that Humbles knowingly waived his right to counsel. The Fifth Circuit affirmed the district court’s judgment and denied the request to reassign the case to a different judge. View "United States v. Humbles" on Justia Law

Ernest Clark, while on probation for a Louisiana felony conviction of aggravated assault with a firearm, was found in possession of a firearm. He was indicted for violating 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. Clark moved to dismiss the indictment, arguing that the statute was unconstitutional as applied to him under the Second Amendment, violated the Fifth Amendment’s equal protection guarantee, and exceeded Congress’s authority under the Commerce Clause. The district court denied his motion. Clark then pleaded guilty pursuant to a plea agreement, which included a waiver of most appellate rights except for a direct appeal of the district court’s order denying his motion to dismiss under the Second Amendment, as interpreted in New York State Rifle & Pistol Ass’n v. Bruen.The United States District Court for the Southern District of Mississippi sentenced Clark to 64 months in prison and three years of supervised release. On appeal to the United States Court of Appeals for the Fifth Circuit, Clark raised several claims, but acknowledged that most were foreclosed or waived by his plea agreement, except for his as-applied Second Amendment challenge and his Fifth Amendment equal protection claim.The United States Court of Appeals for the Fifth Circuit held that disarming individuals convicted of violent felonies, such as aggravated assault with a firearm, and those found in possession of a firearm while on probation, is consistent with the nation’s historical tradition of firearm regulation. The court relied on its own recent precedents to conclude that Clark’s as-applied Second Amendment challenge failed. The court also found that Clark’s equal protection claim was waived by his plea agreement. Accordingly, the Fifth Circuit affirmed the judgment of conviction. View "USA v. Clark" on Justia Law

The defendant pleaded guilty to being a felon in possession of a firearm and possession of a machinegun, both federal offenses. His sentence was calculated using a higher base offense level under the United States Sentencing Guidelines because of a prior Louisiana armed robbery conviction, which the district court classified as a “crime of violence.” The defendant did not object to this classification at sentencing but later argued on appeal that Louisiana armed robbery, as a general intent crime, should not qualify as a crime of violence under the Guidelines. He also contended that the district court’s written judgment conflicted with its oral pronouncement regarding special conditions of supervised release and the crediting of presentence detention time.The United States District Court for the Eastern District of Louisiana accepted the presentence investigation report’s calculation, which set the base offense level at 22, resulting in a sentencing range of 57 to 71 months. The court sentenced the defendant to 71 months. The defendant did not object to the Guidelines calculation or the written judgment at the time of sentencing. On appeal, he raised these issues for the first time.The United States Court of Appeals for the Fifth Circuit reviewed the sentencing calculation for plain error and found no clear or obvious error in classifying Louisiana armed robbery as a crime of violence under the Guidelines, given the current state of the law. The court affirmed the district court’s base offense level determination. However, the appellate court found that the written judgment conflicted with the oral pronouncement regarding special conditions of supervised release and the treatment of presentence detention credit. The court remanded the case to the district court to modify the written judgment to conform to the oral pronouncement and to clarify its intent regarding credit for time served before sentencing. View "United States v. King" on Justia Law