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

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

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

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

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

Steven Andrew Clem, the former owner of a defunct homebuilding company, appealed a judgment regarding the nondischargeability of a debt incurred from a failed home construction project. An arbitration panel had found Clem personally liable to LaDainian and LaTorsha Tomlinson for breach of contract and violations of the Texas Deceptive Trade Practices Act (DTPA). Clem subsequently filed for Chapter 7 bankruptcy, and the Tomlinsons initiated an adversary proceeding. The bankruptcy court determined that Clem had obtained over $660,000 from the Tomlinsons through false representation or false pretenses, making the debt nondischargeable under 11 U.S.C. § 523(a)(2)(A).The bankruptcy court's decision was based on findings that Clem had committed fraud by nondisclosure during the performance of the contract, including failing to inform the Tomlinsons about the switch from concrete piers to helical steel piers, failing to disclose the puncturing of a water line, and misrepresenting the purchase of a Builder’s Risk insurance policy. The court also found that Clem failed to provide proper accounting for the Tomlinsons' funds. The district court affirmed the bankruptcy court's decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court concluded that the bankruptcy court erred in not applying collateral estoppel to the arbitration findings, which had already determined that Clem's actions did not constitute knowing violations of the DTPA or fraud. The appellate court found that the issues of fraudulent misrepresentation and nondisclosure had been fully litigated in the arbitration, and the arbitration panel had explicitly found no fraud or knowing DTPA violations.The Fifth Circuit reversed the bankruptcy court's judgment and rendered judgment in favor of Clem, holding that the Tomlinsons were collaterally estopped from relitigating the fraud claims and that Clem's conduct did not meet the criteria for nondischargeability under Section 523(a)(2)(A). View "Clem v. Tomlinson" on Justia Law

Gabino Ramos Hernandez was involved in a traffic stop on July 20, 2016, where he was stopped by Laurel Police Department Officer David Driskell for failing to stop at a stop sign. Hernandez's brother, who appeared intoxicated, was also stopped. Officer Driskell called Immigration and Customs Enforcement (ICE) agents for translation assistance. Hernandez, who was initially waiting, decided to leave the scene and was pursued by ICE agents. During the pursuit, ICE Agent Phillip Causey shot Hernandez, who alleges he had his hands raised in surrender.Hernandez filed a lawsuit against Causey under 42 U.S.C. § 1983 and Bivens, along with other claims. The United States District Court for the Southern District of Mississippi dismissed the Bivens claim, stating it would expand Bivens to a new context, and dismissed the § 1983 claim, finding Causey did not act under color of state law. The court also denied Hernandez's motion to amend the complaint, deeming further amendment futile.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's dismissal of the Bivens claim, agreeing that Hernandez's claim presented a new context and that alternative remedies existed. The court also affirmed the dismissal of the § 1983 claim, concluding that Hernandez failed to allege that Causey acted under color of state law or that there was a conspiracy between Causey and state officials. The court upheld the denial of Hernandez's motion to amend the complaint, as further amendment would be futile. View "Hernandez v. Causey" on Justia Law

Jessie Grace was convicted of second-degree murder in 1994 and sentenced to life in prison without the possibility of probation or parole. The Louisiana Fifth Circuit affirmed his conviction. Over the next 18 years, Grace filed several post-conviction relief applications, all of which were denied until 2012, when he was granted leave to reopen his federal proceedings based on newly discovered evidence. Grace obtained state grand jury testimony that revealed discrepancies between the grand jury and trial testimonies of two key witnesses: Sergeant Snow and Michelle Temple. These discrepancies suggested that another individual, Darrick Hudson, might have been involved in the crime.In 2015, Grace filed a third application for post-conviction relief in state trial court, alleging Brady violations based on the grand jury testimony. The state trial court granted his application, vacated his conviction, and ordered a new trial. The State appealed, and the Louisiana Fifth Circuit reversed the trial court's decision, reinstating Grace's life sentence. The Louisiana Supreme Court denied Grace's subsequent writ application in 2019. Grace then filed a second supplemental application in federal district court, asserting a Brady claim. The district court granted relief, but the United States Court of Appeals for the Fifth Circuit vacated the order and remanded for further proceedings.On remand, the district court again granted Grace's habeas relief, finding that the state court erred in its consideration of the materiality of the suppressed evidence. The State appealed, and the Fifth Circuit reviewed the case. The Fifth Circuit determined that the state court's decision was not an unreasonable application of clearly established federal law and that the suppressed evidence was not material enough to undermine confidence in the verdict. The Fifth Circuit reversed the district court's decision and denied Grace's application for habeas relief. View "Grace v. Hooper" on Justia Law

An entity that owns and holds a loan agreement, including its note and the beneficiary interest in the security instrument, sought to foreclose on a property after borrowers failed to make required payments on the note. The entity entered a judgment for non-judicial foreclosure.The district court denied the borrowers’ motion for an extension of time, adopted the magistrate judge’s report recommending summary judgment against the borrowers, entered a declaratory judgment, and denied the borrowers’ motion for an altered judgment, which was styled as a motion for a new trial. The borrowers challenged the district court’s orders, alleging abuse of discretion and plain error.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court concluded that the district court did not abuse its discretion in denying the motion for an extension of time or the motion for a new trial. However, the appellate court found that the district court erred in determining that the entity did not manifest an unequivocal intent to abandon acceleration. The appellate court held that the notice sent by the entity unequivocally manifested an intent to abandon acceleration, as it expressly withdrew, canceled, and abandoned any prior demands or notices of acceleration.The Fifth Circuit affirmed the district court’s decisions in part, reversed in part, and remanded the case for further proceedings consistent with its opinion. The court directed the district court to address whether the lender must seek a new order authorizing foreclosure following the abandonment of acceleration. View "US Bank Trust National v. Walden" on Justia Law

Plaintiffs, a group of sex-trafficking victims, were trafficked through advertisements posted on Backpage.com, an online advertisement forum. They sued Salesforce, a company that provided cloud-based software tools and related support services to Backpage. Salesforce moved for summary judgment on the grounds that section 230 of the Communications Decency Act bars Plaintiffs’ claims. Plaintiffs allege that Salesforce knowingly assisted, supported, and facilitated sex trafficking by selling its tools and operational support to Backpage even though it knew (or should have known) that Backpage was under investigation for facilitating sex trafficking.The United States District Court for the Southern District of Texas denied Salesforce’s motion for summary judgment, holding that section 230 does not shield Salesforce because Plaintiffs’ claims do not treat Salesforce as a publisher or speaker of third-party content. After denying Salesforce’s motion for summary judgment, the district court sua sponte certified its order for interlocutory appeal, identifying three controlling questions of law on which there may be substantial grounds for difference of opinion.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court’s denial of summary judgment. The court held that Plaintiffs’ claims do not treat Salesforce as the publisher or speaker of third-party content because they do not derive from Salesforce’s status or conduct as a publisher or speaker or impose on Salesforce any duty traditionally associated with publication. Therefore, section 230 does not provide immunity to Salesforce. The case was remanded for further proceedings consistent with this opinion. View "A. B. v. Salesforce" on Justia Law