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

Joseph Anthony Borino, as part of a plea agreement, pleaded guilty to misprision of a felony (wire fraud) on July 8, 2021. He was sentenced to one year and one day of imprisonment on November 1, 2022. On March 30, 2023, the district court ordered restitution of $21,223,036.37 under the Mandatory Victims Restitution Act (MVRA), to be paid jointly and severally with Denis Joachim, Borino’s employer and co-conspirator.The district court proceedings began with the indictment of Denis and Donna Joachim in August 2018, followed by Borino’s separate indictment in November 2019. Borino was charged with conspiracy to defraud the IRS, making false statements, and wire fraud. He later pleaded guilty to misprision of a felony in June 2021. The district court adopted the Pre-Sentence Investigation Report (PSR) which attributed the entire loss of $25,543,340.78 to Borino, and scheduled a separate restitution hearing. At the restitution hearing, the court calculated the restitution amount based on the fees paid by the victims during the period of Borino’s offense, minus the claims paid by TTFG.The United States Court of Appeals for the Fifth Circuit reviewed Borino’s appeal, where he challenged the restitution order on three grounds: the applicability of the MVRA to his offense, the proof of actual pecuniary loss to the victims, and the causation of the losses. The Fifth Circuit affirmed the district court’s order, holding that the MVRA applied to Borino’s misprision offense because it involved concealment of wire fraud, a crime committed by fraud or deceit. The court found that the government had sufficiently proven the victims’ actual losses and that Borino’s continuous concealment of the fraud directly and proximately caused the victims’ losses. The court concluded that the district court did not err in ordering restitution of $21,223,036.37. View "United States v. Borino" on Justia Law

In June 2022, Juan Jose Vega-Santos was charged with illegal reentry into the United States following removal, under 8 U.S.C. § 1326(a)–(b). He pleaded guilty without a plea agreement. The district court sentenced him to 60 months in prison, an upward variance from the advisory guidelines range, and imposed three years of supervised release with special conditions, including a requirement to undergo a psychosexual evaluation and participate in sex offender treatment if recommended by an evaluator.The United States District Court for the Western District of Texas imposed the special condition as part of Vega-Santos's supervised release due to his prior felony conviction for sexual intercourse with a minor. Vega-Santos did not challenge this condition in the district court. On appeal, he argued that the condition constituted an unlawful delegation of the district court’s sentencing authority and was impermissibly ambiguous.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the special condition requiring Vega-Santos to participate in sex offender treatment if recommended by an evaluator constituted an unlawful delegation of judicial authority. The court noted that the imposition of a sentence, including the terms and conditions of supervised release, is a core judicial function that cannot be delegated. The court found that the district court's error was clear or obvious and affected Vega-Santos's substantial rights. The error also seriously affected the fairness, integrity, or public reputation of judicial proceedings. Consequently, the Fifth Circuit vacated the special condition and remanded the case to the district court for resentencing consistent with its opinion. View "United States v. Vega-Santos" on Justia Law

Edgar Hermosillo Minor pled guilty to four drug charges in 2022, including importing and possessing methamphetamine and fentanyl with intent to distribute. His presentence report calculated a base offense level of 34, adjusted for his minimal role and acceptance of responsibility, but added five levels due to a career-offender enhancement based on three prior federal marijuana-related convictions from 2000 and 2010. This enhancement placed him in a sentencing range of 262 to 327 months, whereas without it, the range would have been 121 to 151 months. Minor objected to the enhancement, arguing that a 2018 amendment to the Controlled Substances Act (CSA) excluded hemp from the definition of marijuana, making his prior convictions no longer qualify as "controlled substance offenses." The district court overruled his objection and applied the enhancement, sentencing him to 180 months.The United States District Court for the Western District of Texas overruled Minor's objection and applied the career-offender enhancement based on the CSA's definition of marijuana at the time of his prior convictions. Despite this, the court imposed a downward variance, sentencing Minor to 180 months, which he timely appealed.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the CSA's definition of "controlled substance" in effect at the time of sentencing for the current offense should be used to determine whether prior convictions qualify for the career-offender enhancement. The court found that the district court erred by applying the enhancement based on the outdated definition of marijuana. The court also concluded that the error was not harmless, as the district court did not explicitly state that it would impose the same sentence regardless of the correct Guidelines range. Consequently, the Fifth Circuit reversed the district court's decision and remanded the case for resentencing. View "USA v. Minor" on Justia Law

Parvez Qureshi was convicted by a jury of one count of conspiracy to distribute controlled substances and four counts of distribution of controlled substances. Qureshi, a physician, had partnered with Rubeena Ayesha, an Advanced Practice Registered Nurse, to operate a pain management clinic. The clinic saw a high volume of patients, many of whom paid cash for prescriptions of controlled substances like Norco and Oxycodone. The Government alleged that Qureshi pre-signed blank prescriptions, which Ayesha used to prescribe these substances when Qureshi was not present.The United States District Court for the Southern District of Texas initially tried Qureshi, resulting in a mistrial. In a subsequent trial, Qureshi was convicted on all counts. He was sentenced to sixty months for each count, to run concurrently. Qureshi appealed, arguing that the jury instructions were erroneous in light of the Supreme Court's decision in Ruan v. United States, which clarified the mens rea requirement for convictions under 21 U.S.C. § 841.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the jury instructions for the substantive counts under 21 U.S.C. § 841(a)(1) were erroneous because they did not require the jury to find that Qureshi knew he was acting in an unauthorized manner. This omission was not harmless, as Qureshi's knowledge was a contested issue at trial. However, the court held that the conspiracy instruction under 21 U.S.C. § 846 was not erroneous, as it required the jury to find that Qureshi knew the purpose of the agreement was to distribute controlled substances without authorization.The Fifth Circuit vacated Qureshi's convictions for the four substantive counts and remanded for a new trial on those counts. The court affirmed Qureshi's conspiracy conviction but vacated his sentence on all counts and remanded for resentencing on the conspiracy count. View "USA v. Qureshi" on Justia Law

In October 2022, Jose Guadalupe Hernandez Velasquez was found unlawfully present in the United States for the fifth time. Previously, in 2019, he had signed a written stipulation waiving his rights and agreeing to his removal, which led to his deportation. Upon his reentry in 2022, he was charged with illegal reentry under 8 U.S.C. § 1326. Hernandez Velasquez moved to dismiss the indictment, arguing that his waiver of rights in the 2019 removal was unknowing, unintelligent, and involuntary, making the removal order fundamentally unfair.The United States District Court for the Northern District of Texas denied his motion to dismiss, placing the burden on Hernandez Velasquez to prove the invalidity of his waiver by a preponderance of the evidence. The court found that he did not meet this burden and also failed to satisfy the administrative exhaustion requirement of § 1326(d)(1).The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court held that when the government produces a written and signed stipulation and waiver, the burden rests on the defendant to prove its invalidity. The court found that the district court's burden allocation was proper and that Hernandez Velasquez's waiver was knowing, voluntary, and intelligent. The court also noted that even if the burden had been on the government, the outcome would not have changed, as the evidence overwhelmingly supported the validity of the waiver. Consequently, the Fifth Circuit affirmed the district court's judgment. View "United States v. Hernandez Velasquez" on Justia Law

Devin Chaney pleaded guilty to two counts from an eleven-count indictment: Hobbs Act Robbery and Armed Bank Robbery. As part of his plea agreement, Chaney waived his right to appeal except for a sentence above the statutory maximum or to claim ineffective assistance of counsel. Chaney was sentenced as a career offender under U.S.S.G. § 4B1.1 due to prior convictions for controlled substance offenses. He received a sentence of 188 months for each count, to be served concurrently, followed by four years of supervised release, and was ordered to pay restitution. Chaney appealed, arguing that the district court improperly sentenced him as a career offender.The United States District Court for the Eastern District of Louisiana determined that Chaney qualified as a career offender based on his prior convictions. Chaney objected, claiming that one of his prior convictions did not qualify as a predicate offense because Louisiana's definition of marijuana was broader than federal law. The district court overruled his objection and imposed the sentence. Chaney then appealed the sentence.The United States Court of Appeals for the Fifth Circuit reviewed the case. The government moved to dismiss the appeal, citing the waiver-of-appeal provision in Chaney's plea agreement. The Fifth Circuit conducted a two-step inquiry to determine the validity of the waiver, concluding that Chaney knowingly and voluntarily waived his right to appeal and that the waiver applied to his claims. The court noted that Chaney's sentence did not exceed the statutory maximum, and his waiver was explicit and unambiguous. Consequently, the Fifth Circuit granted the government's motion to dismiss the appeal, affirming that Chaney's waiver was enforceable. View "United States v. Chaney" on Justia Law

Cedric Allen Ricks was convicted of capital murder in Texas state court for killing his girlfriend and her eight-year-old son and was sentenced to death. After his direct appeal and state habeas petition were denied, Ricks filed a federal habeas petition, which the district court also denied, including a certificate of appealability (COA).Ricks sought a COA from the United States Court of Appeals for the Fifth Circuit on several claims. The district court had denied his Batson claim, which alleged racial discrimination in jury selection, finding no prima facie case of discrimination and accepting the prosecution's race-neutral justifications. The district court also found no pattern of racially disparate questioning. The Fifth Circuit agreed, noting that reasonable jurists would not find the district court's assessment debatable or wrong, and thus denied the COA on this claim.Ricks also claimed ineffective assistance of appellate counsel for not raising the Batson claim on appeal. The state court had denied this claim on the merits. The Fifth Circuit found that since the Batson claim was meritless, the appellate counsel's failure to raise it was neither unreasonable nor prejudicial, and denied the COA on this claim as well.Ricks argued that his due process rights were violated when the jury saw him in shackles. The district court rejected this claim, noting that Ricks exposed his shackles himself and failed to show any substantial influence on the jury's verdict. The Fifth Circuit found this claim procedurally defaulted because it was not raised on direct appeal and was barred by the Texas Court of Criminal Appeals. Consequently, no COA was issued for this claim.Lastly, Ricks claimed ineffective assistance of trial counsel for not objecting to the shackling and for not challenging the State's peremptory strikes against female venire members. The Fifth Circuit found the trial counsel's decisions reasonable and strategic, and thus denied the COA on these claims.The Fifth Circuit denied the motion for a COA on all claims. View "Ricks v. Lumpkin" on Justia Law

Justin Henry was observed by New Orleans Police Department officers entering a stolen vehicle in a shopping center parking lot. When approached by police, Henry fled on foot, discarding a firearm in the process. Henry, a convicted felon, was subsequently charged with possession of a firearm by a felon under 18 U.S.C. § 922(g)(1). He pleaded guilty to the charge.The United States District Court for the Eastern District of Louisiana sentenced Henry, applying a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony offense, specifically the possession of a stolen vehicle. The court determined that the firearm facilitated or had the potential to facilitate the possession of the stolen vehicle. This enhancement increased Henry’s sentencing range, resulting in a 100-month prison sentence followed by three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case. Henry argued that the district court erred in applying the sentencing enhancement, contending that the government failed to prove he knew the vehicle was stolen and that the firearm facilitated the possession of the stolen vehicle. The Fifth Circuit found that while the district court could reasonably infer Henry knew the vehicle was stolen, there was insufficient evidence to support the finding that the firearm facilitated the possession of the stolen vehicle. The court noted that mere proximity of the firearm to the stolen vehicle was not enough to apply the enhancement.The Fifth Circuit affirmed Henry’s conviction but vacated his sentence and remanded the case for resentencing, holding that the district court erred in applying the § 2K2.1(b)(6)(B) enhancement without sufficient evidence of facilitation. View "United States v. Henry" on Justia Law

Dajuan Martin was arrested after being seen riding a stolen scooter in New Orleans. During the police pursuit, he discarded a Glock 26, 9mm semi-automatic handgun, which was later recovered with a magazine containing 16 rounds of ammunition. Martin pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). The Presentence Investigation Report (PSR) calculated his offense level at 12, with a criminal history category of III, suggesting a sentencing range of 15 to 21 months. However, the government objected, arguing for a higher base offense level due to the firearm's large capacity magazine.The United States District Court for the Eastern District of Louisiana accepted the government's argument, raising Martin's base offense level to 20, resulting in a new sentencing range of 30 to 37 months. Martin was sentenced to 33 months of imprisonment and 3 years of supervised release. The court also imposed conditions for supervised release, including participation in a drug and alcohol treatment program and submission to searches under certain conditions. However, the written judgment included additional requirements not stated during the oral pronouncement.The United States Court of Appeals for the Fifth Circuit reviewed the case. Martin challenged the district court's application of the Sentencing Guidelines' commentary defining "large capacity magazine" and the discrepancies between the oral pronouncement and the written judgment regarding supervised release conditions. The Fifth Circuit upheld the district court's use of the commentary, finding it consistent with the Guidelines. However, it agreed with Martin that the written judgment improperly broadened the conditions of supervised release.The Fifth Circuit affirmed Martin's sentence in part, vacated it in part, and remanded the case for the district court to amend the written judgment to conform to the oral pronouncement. The court also rejected Martin's constitutional challenge to 18 U.S.C. § 922(g)(1), citing consistent precedent upholding the statute's constitutionality. View "USA v. Martin" on Justia Law

A federal agent stationed in Dubai, Leatrice De Bruhl-Daniels, developed a romantic relationship with a Syrian national, Nadal Diya, who was under investigation for suspected ties to terrorism. Despite warnings from her colleagues, De Bruhl-Daniels disclosed confidential information to Diya, including details about an ongoing counterterrorism investigation. She later lied to federal investigators about these disclosures.Following a jury trial in the United States District Court for the Southern District of Texas, De Bruhl-Daniels was convicted on twelve counts related to her conduct and sentenced to 108 months in prison. She appealed four of her convictions and her overall sentence, arguing that her false statements did not involve international terrorism under 18 U.S.C. § 1001(a), that the statute’s sentencing enhancement was unconstitutionally vague, and that her conduct did not fall under the scope of 18 U.S.C. § 1512(c)(2).The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed De Bruhl-Daniels' conviction on Count 24, finding sufficient evidence that her false statements involved international terrorism, thus justifying the enhanced sentence under § 1001(a). The court also held that the statute was not unconstitutionally vague. However, the court vacated her convictions on Counts 15, 36, and 37, which were based on obstructing an official proceeding, citing the Supreme Court’s recent decision in Fischer v. United States. The court determined that her conduct did not fall within the scope of § 1512(c)(2) as it did not involve tampering with evidence.As a result, the Fifth Circuit vacated De Bruhl-Daniels' sentence and remanded the case for resentencing based on the remaining convictions. View "United States v. De Bruhl-Daniels" on Justia Law