In United States v. Stinson, 125 F.4th 191 (5th Cir. 2024), the Fifth Circuit held that the district court had erred in ordering that a criminal defendant’s wife should have her separate retirement accounts liquidated to pay for her husband’s restitution obligations. Under Mississippi law, the wife’s accounts were not marital property, so the husband did not have a property interest in them.

In United States v. Charles Ray Lerma, 123 F.4th 768 (5th Cir. 2024), the Fifth Circuit affirmed the district court’s decision not to apply a 7-level reduction to Lerma’s Sentencing Guidelines. Under USSG § 2P1.1(b), Lerma did not qualify for the reduction that only applies to prisoners who escape from “non-secure custody” and voluntarily return “within ninety-six hours.” Lerma had argued that he should receive the reduction, but the Fifth Circuit disagreed and held that he escaped from “secure custody” and was therefore ineligible for the 7-level reduction.

In United States v. Ibarra, No. 24-20071 (5th Cir. Dec. 16, 2024) (unpublished), the Fifth Circuit vacated the defendant’s 105-month prison sentence because the district court had imposed that sentence after relying on clearly erroneous facts.

In United States v. Wesley, 123 F.4th 423 (5th Cir. 2024), the Fifth Circuit affirmed the district court’s decision to apply a two-level sentencing enhancement because the defendant had maintained a premises for the purpose of distributing a controlled substance. See USSG § 2D1.1(b)(12).

In United States v. Keith Todd Ashley, 123 F.4th 403 (5th Cir. 2024), the Fifth Circuit vacated several of the defendant’s convictions and his life sentence for bank theft.

In United States v. Rao, 123 F.4th 270 (5th Cir. 2024), the Fifth Circuit affirmed the defendant’s convictions for committing health care fraud against TRICARE, a federal health benefit plan. The court rejected all three of Rao’s arguments on appeal.

In United States v. Keller, 123 F.4th 264 (5th Cir. 2024), the Fifth Circuit affirmed the district court’s decision to deny Keller’s motion to suppress evidence that Border Patrol agents found while searching his vehicle.

In United States v. Enrique Morales, 122 F.4th 590 (5th Cir. 2024), the Fifth Circuit held that a criminal defendant is ineligible to receive the new zero-point-offender reduction to their Sentencing Guidelines if they either received an aggravating-role adjustment under the Guidelines or engaged in a continuing criminal enterprise.

In United States v. Butler, 122 F.4th 584 (5th Cir. 2024), the Fifth Circuit affirmed the defendant’s 180-month sentence that had been enhanced under the Armed Career Criminal Act (“ACCA”).

In United States v. Thomas, No. 24-30159 (5th Cir. Dec. 4, 2024) (unpublished), the Fifth Circuit vacated the defendant’s sentence and remanded his case for resentencing because the district court did not give the defendant or his counsel the opportunity to speak before it imposed the sentence.