Fifth Circuit Blog

Informative summaries of Fifth Circuit Court of Appeals criminal cases.

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United States v. Matthew Clark

In United States v. Clark, No. 24-20271 (5th Cir. Mar. 13, 2025) (unpublished), the Fifth Circuit affirmed the defendant’s nine convictions for crimes including honest services fraud and insider trading. The court rejected Clark’s arguments that he was convicted under unconstitutionally vague statutes and regulations that violate the doctrines of separation of powers and nondelegation.

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United States v. Weaver

In United States v. Weaver, No. 24-60252 (5th Cir. Mar. 6, 2025) (unpublished), the Fifth Circuit affirmed the defendant’s conviction for forcibly assaulting a postal carrier with a deadly weapon, in violation of 18 U.S.C. § 111(a)(1), (b).

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United States v. Juan David Cisneros

In United States v. Cisneros, —- F.4th —-, No. 23-40625 (5th Cir. Mar. 6, 2025), the FIfth Circuit affirmed Cisneros’s conviction for possessing ammunition after having been convicted of a felony, but it vacated his sentence and remanded his case for resentencing.

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United States v. Quwinton Norman

In United States v. Norman, 129 F.4th 874 (5th Cir. 2025), the Fifth Circuit reversed the district court’s decision to suppress evidence obtained from a house and a vehicle pursuant to a search warrant because the good-faith exception applied.

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United States v. Briseño

In United States v. Briseño, No. 23-10797 (5th Cir. Feb. 26, 2025) (unpublished), the Fifth Circuit—over a dissent—affirmed the district court’s decision to deny Briseño’s motion to suppress statements and physical evidence. Briseño had argued that suppression was required due to deficient Miranda warnings and an unlawful search, but the court disagreed.

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United States v. Ratcliff

In United States v. Ratcliff, No. 24-30192 (5th Cir. Feb. 26, 2025) (unpublished), the Fifth Circuit vacated the defendant’s sentence for possessing a machinegun in violation of 18 U.S.C. § 922(o) because there was insufficient proof that his possession of the gun facilitated his possession of a stolen vehicle.

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United States v. Hector Flores, Jr.

In United States v. Flores, No. 22-50910 (5th Cir. 2025) (unpublished), the Fifth Circuit affirmed the defendant’s conviction for child endangerment. That Texas crime had been charged federally because the conduct occurred in a national park.

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United States v. Luis Iram Miranda

In United States v. Miranda, No. 21-51156 (5th Cir. 2025) (unpublished), the Fifth Circuit affirmed the defendant’s drug-distribution convictions despite his argument regarding his prior waiver of his right to conflict-free counsel.

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United States v. Kidd

In United States v. Kidd, 127 F.4th 982 (5th Cir. 2025), the Fifth Circuit affirmed Kidd’s 60-month prison sentence even though it was imposed 16 years after Kidd had prevailed in his first appeal. Despite that “egregious” delay, the court concluded that Kidd’s due process claim failed because he was unable to demonstrate “actual prejudice.”

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United States v. Arturo Garza, Jr.

In United States v. Garza, 127 F.4th 954 (5th Cir. 2025), the Fifth Circuit affirmed the defendant’s 87-month prison sentence, even though that was 12 months higher than what he had received at his original sentencing before he had won on appeal.

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