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

Eddie Lamont Bell pleaded guilty to violating 18 U.S.C. § 922(g)(1) after being found in possession of a firearm. Bell was discovered by police asleep in his vehicle with a semiautomatic pistol on the center console, a large-capacity magazine, and cocaine. He admitted to being a convicted felon. Before sentencing, Bell was involved in an altercation with a fellow inmate, Hipolito Brito, which was captured on video. The video showed Brito initiating physical violence after Bell asked him to stop snoring. Bell was not disciplined or criminally charged for the incident.The United States District Court for the Western District of Texas denied Bell a reduction for acceptance of responsibility under U.S.S.G. § 3E1.1, citing the altercation as evidence of continued criminal conduct. The court also applied an elevated offense level under U.S.S.G. § 2K2.1 due to the firearm's capability to accept a large-capacity magazine. Bell was sentenced to 115 months' imprisonment, three years of supervised release, and a $100 special assessment. Bell appealed, arguing that the district court erred in both denying the acceptance-of-responsibility reduction and applying the elevated offense level. He also challenged the constitutionality of 18 U.S.C. § 922(g)(1), but conceded that this argument was foreclosed in the circuit.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court agreed with Bell that his pre-sentencing conduct did not outweigh the significant evidence of his acceptance of responsibility, as Bell did not initiate the altercation and appeared to act in self-defense. Consequently, the court vacated Bell's sentence and remanded for resentencing. The court did not address Bell's challenge to the elevated offense level under § 2K2.1, noting that the standards in United States v. Luna-Gonzalez would apply on remand. View "United States v. Bell" on Justia Law

Christian N. Davis, a former Army corporal, was convicted by a general court-martial in 1993 of multiple offenses, including attempted premeditated murder, conspiracy to commit murder, premeditated murder, arson, and adultery. He was sentenced to life imprisonment with the possibility of parole. After his conviction, Davis sought clemency and parole but was denied. He was later transferred to a federal civilian prison, where his parole was again denied.Davis filed a motion for compassionate release under 18 U.S.C. § 3582 in the United States District Court for the Northern District of Texas, citing his age, health conditions, low risk of recidivism, and rehabilitative efforts. The magistrate judge recommended dismissing the motion for lack of jurisdiction, as § 3582 requires such motions to be filed in the sentencing court, and Davis's sentence was imposed by a military court. The district court accepted the magistrate judge's findings, dismissed Davis's motion for compassionate release for lack of jurisdiction, and denied his habeas claims.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo and affirmed the district court's decision. The appellate court held that 18 U.S.C. § 3582 does not apply to sentences imposed under the Uniform Code of Military Justice (UCMJ) and that such motions must be filed in the sentencing court. Since Davis's sentence was imposed by a general court-martial, the district court lacked jurisdiction to consider his motion for compassionate release. The court also rejected Davis's arguments based on 10 U.S.C. § 858(a) and the case Bates v. Wilkinson, concluding that neither authorized civilian courts to modify military sentences. View "Davis v. USA" on Justia Law

Rasheed Ali Muhammad was convicted and subsequently appealed his conviction. His appeal was dismissed for want of prosecution. Muhammad then filed a 28 U.S.C. § 2255 habeas petition, which the district court denied as untimely. Later, the Fifth Circuit recalled the mandate in Muhammad’s direct appeal, reasserted jurisdiction, and affirmed the conviction after full briefing and oral argument. The Supreme Court denied certiorari and a rehearing. Muhammad then filed another § 2255 habeas petition.The United States District Court for the Southern District of Mississippi concluded that Muhammad’s new habeas petition was a “second or successive” petition under the Antiterrorism and Effective Death Penalty Act (AEDPA) and transferred it to the Fifth Circuit. The Fifth Circuit clerk denied authorization to file the petition due to procedural non-compliance. Muhammad appealed the district court’s order.The United States Court of Appeals for the Fifth Circuit reviewed de novo whether the habeas petition was “second or successive” under AEDPA. The court held that because Muhammad’s initial § 2255 petition was not adjudicated on the merits and the mandate in his direct appeal was recalled, the subsequent habeas petition was not “second or successive.” The court emphasized that the procedural history reset the count of Muhammad’s habeas petitions to zero. Consequently, the Fifth Circuit reversed the district court’s order and remanded the case for further proceedings. View "USA v. Muhammad" on Justia Law

Terry Pitchford was convicted of capital murder in 2006 by a Mississippi jury for his role in an armed robbery during which the store owner was killed by Pitchford’s accomplice. During jury selection, the prosecution used peremptory strikes to remove four black potential jurors. Pitchford’s counsel objected under Batson v. Kentucky, arguing racial discrimination. The trial court required the State to provide race-neutral reasons for the strikes, which it did, and the court accepted these reasons without further objection from Pitchford’s counsel.Pitchford appealed to the Mississippi Supreme Court, arguing that the State’s reasons were pretextual. The court ruled that Pitchford waived his Batson claims by not challenging the State’s race-neutral reasons during voir dire or in post-trial motions. Consequently, the court found no Batson violation and upheld the conviction and death sentence.Pitchford then filed a habeas corpus petition in the United States District Court for the Northern District of Mississippi, which granted the writ. The district court found that the state trial court failed to conduct the third step of the Batson inquiry and that Pitchford’s counsel had sufficiently objected to the State’s reasons. The court also suggested that the Mississippi Supreme Court should have considered the history of Batson violations by the prosecutor in the Flowers litigation.The United States Court of Appeals for the Fifth Circuit reviewed the case and reversed the district court’s decision. The Fifth Circuit held that the trial court did not omit Batson’s third step and that the Mississippi Supreme Court’s decision was not contrary to or an unreasonable application of Batson. The appellate court also found that Pitchford waived his pretext argument by not raising it during voir dire and that the Mississippi courts were not required to consider the Flowers litigation. The Fifth Circuit rendered judgment dismissing Pitchford’s habeas corpus petition. View "Pitchford v. Cain" on Justia Law

Mark Uhlenbrock was convicted by a jury for violating 18 U.S.C. § 2261A(2)(B) by posting nude images and videos of his ex-girlfriend, YT, on Reddit, along with explicit stories written in her name. Some of the images were taken with her consent during their relationship, while others were recorded without her knowledge. Uhlenbrock's posts included personal details about YT, such as her occupation and employer, and invited men to proposition her. YT discovered the posts through a family friend and reported Uhlenbrock to the FBI.The United States District Court for the Western District of Texas denied Uhlenbrock's motion to dismiss the indictment on First Amendment and vagueness grounds. During the trial, the court allowed testimony about Uhlenbrock's prior similar conduct, which included a 2016 guilty plea for cyberstalking YT. The jury found Uhlenbrock guilty, and the district court sentenced him to 60 months in prison, three years of supervised release, and restitution. The court also revoked his supervised release from the 2016 case and sentenced him to an additional 12 months in prison. Uhlenbrock appealed both the new conviction and the revocation of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decisions. The court held that Uhlenbrock's posts constituted unprotected defamation and that the application of § 2261A(2)(B) did not violate the First Amendment. The court also found that the statute was not unconstitutionally vague and that the district court did not abuse its discretion in admitting evidence of Uhlenbrock's prior conduct. The court concluded that there was sufficient evidence for a reasonable jury to find that Uhlenbrock intended to harass or intimidate YT and that his conduct caused her substantial emotional distress. The court also rejected Uhlenbrock's claims of constructive amendment of the indictment and double jeopardy. View "USA v. Uhlenbrock" on Justia Law

John Gabriel Trevino, a 32-year-old man, engaged in a sexual relationship with a 14-year-old child. He was charged with production of child pornography, enticement of a minor, and possession of child pornography. Trevino pled guilty to one count of production of child pornography and was sentenced to 235 months in prison followed by 25 years of supervised release. The district court included 13 standard conditions of supervised release in the written judgment, which were not orally pronounced at sentencing.The United States District Court for the Northern District of Texas initially sentenced Trevino. Trevino appealed, arguing that the standard conditions were discretionary and should have been pronounced orally. The United States Court of Appeals for the Fifth Circuit agreed, vacated the judgment, and remanded the case to the district court to remove the unpronounced conditions. The district court issued an amended judgment omitting the standard conditions. Later, Trevino’s probation officer petitioned to reimpose the standard conditions, leading to a hearing where Trevino objected on several grounds.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the district court did not abuse its discretion in modifying the conditions of supervised release before the term began, as 18 U.S.C. § 3583(e)(2) allows such modifications. The court also found that the district court complied with the mandate rule by issuing an amended judgment and that the reimposition of the standard conditions did not violate the mandate. Additionally, the court rejected Trevino’s objections to Standard Condition No. 10, which prohibits firearm possession, finding it reasonably related to the factors in 18 U.S.C. § 3553(a) and not a greater deprivation of liberty than necessary. The court affirmed the district court’s judgment. View "U.S. v. Trevino" on Justia Law

Leon Stinson pled guilty to conspiracy to engage in bank fraud and was ordered to pay over $3.6 million in restitution. The Government sought to garnish assets, including retirement accounts solely in the name of Leon’s wife, Ellen. The district court concluded that Ellen’s accounts were marital property in which both Leon and Ellen had a “100% undivided interest” and ordered the liquidation of the accounts to satisfy the restitution order.The United States District Court for the Southern District of Mississippi denied Ellen’s motion to dismiss the writ of garnishment, asserting that Leon had no property interest in her accounts. The court held an evidentiary hearing and concluded that Ellen’s retirement accounts were marital property under Mississippi law, as defined in Hemsley v. Hemsley, and thus subject to garnishment.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that under Mississippi law, property is only classified as marital property during the equitable distribution process in a divorce. Until then, a person does not have an interest in property titled solely in their spouse’s name. The court found that the district court erred in concluding that Ellen’s accounts were marital property subject to garnishment. The Fifth Circuit reversed the district court’s orders and remanded with instructions to grant Ellen’s motion to dismiss the writ of garnishment as to her retirement accounts. View "USA v. Stinson" on Justia Law

Lorenzo Vazquez-Alba, a Mexican citizen, lawfully entered the United States in 1986 and became a legal permanent resident in 1987. In 2008, he was arrested in Dallas, Texas, for using a juvenile as a paid prostitute and supplying her with drugs. He pleaded guilty to aggravated assault causing serious bodily injury and was sentenced to five years of probation. In 2011, he pleaded guilty to aggravated sexual assault of a child under 14 and was sentenced to eight years in prison for both the 2008 and 2011 offenses. He lost his permanent resident status and was deported to Mexico in 2017. He later unlawfully reentered the U.S. and was arrested in 2022 for driving a stolen vehicle and failing to register as a sex offender.The United States District Court for the Northern District of Texas indicted Vazquez-Alba for illegal reentry and failure to register as a sex offender. He pleaded guilty to both counts. The presentence investigation report (PSR) calculated an advisory guideline range of 30 to 37 months’ imprisonment. Vazquez-Alba objected to the PSR’s grouping determination and the indictment’s failure to allege a prior aggravated felony. The district court overruled his objections and sentenced him to 45 months’ imprisonment.The United States Court of Appeals for the Fifth Circuit reviewed the case. Vazquez-Alba argued that his 2011 conviction was not an aggravated felony and that his counts should be grouped under U.S.S.G. § 3D1.2. The court held that his 2011 conviction for aggravated sexual assault of a child under 14 constituted an aggravated felony under 8 U.S.C. § 1326(b)(2). The court also found that the district court correctly declined to group the counts and properly treated his state-court sentences separately. The Fifth Circuit affirmed the district court’s judgment and sentence. View "USA v. Vazquez-Alba" on Justia Law

Elroy Wilkerson was convicted by a jury of producing and possessing child pornography for secretly taking photographs and videos of a 14-year-old girl in various stages of undress. The evidence included images and videos from Wilkerson’s cell phones showing the minor nude or partially nude in her bedroom and bathroom. Wilkerson admitted to taking some of the photos but claimed the girls were aware of it. The minor testified about her living situation and the layout of her bedroom and bathroom.The United States District Court for the Western District of Texas reviewed the case, where the jury found Wilkerson guilty of both counts. The district court sentenced him to 118 months’ imprisonment. Wilkerson appealed, arguing that the evidence was insufficient to support his convictions and that the jury was improperly instructed.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the evidence was sufficient to support the convictions, applying the definition of "lascivious exhibition" from United States v. Grimes and the six Dost factors. The court found that the images and videos met the criteria for "lascivious exhibition" based on their content and context, including the setting, poses, and Wilkerson’s comments in the videos. The court also held that the district court did not abuse its discretion in using the pattern jury instruction, which accurately reflected the statutory definitions and the relevant legal standards. The Fifth Circuit affirmed Wilkerson’s convictions. View "U.S. v. Wilkerson" on Justia Law

Johnell Lavell Barber was convicted of felony possession of a firearm under 18 U.S.C. § 922(g)(1) after he opened fire on two passing vehicles, injuring Eric Escalara and his ten-year-old daughter. Police arrested Barber at his wife Shiffon Wilson’s home, where they found him hiding. After initially refusing, Wilson later consented to a search of her home, leading to the discovery of several firearms and ammunition. Barber challenged his conviction on three grounds: invalid consent to the search, the unconstitutionality of § 922(g)(1) under the Second Amendment, and insufficient evidence to support his conviction.The United States District Court for the Eastern District of Texas denied Barber’s motion to suppress the evidence obtained from the search, finding that Wilson had voluntarily consented. At trial, multiple witnesses testified against Barber, including eyewitnesses who saw him with the AR-15 and forensic experts who found his DNA on the weapon and gunshot residue on his hands. The jury found Barber guilty, and he was sentenced to 120 months imprisonment.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that Wilson’s consent to the search was voluntary, as the police did not use coercion and adequately informed her of her rights. The court also upheld the constitutionality of § 922(g)(1), referencing Supreme Court precedent that laws disarming felons are presumptively lawful. Finally, the court found sufficient evidence to support Barber’s conviction, noting the presence of his DNA on the firearm, eyewitness testimony, and the firearm’s interstate travel history.The Fifth Circuit affirmed Barber’s conviction on all grounds. View "United States v. Barber" on Justia Law