In United States v. Kirk, No. 23-30048 (5th Cir. Jan. 11, 2024) (unpublished), the Fifth Circuit remanded the case for the district court to make more detailed findings before determining how much money the defendant must forfeit. In fact, the Government agreed with Kirk that the district court had erred.

In United States v. Cabral-Aleman, No. 23-50182 (5th Cir. Jan. 4, 2024) (unpublished), the Fifth Circuit affirmed the district court’s imposition of a two-level enhancement under USSG § 3C1.1 for obstruction of justice. When agents were arresting the defendant, he broke his cell phone in half and tried to hide it in the waistband of his pants. The defendant argued that he didn’t materially hinder the investigation, but the Fifth Circuit rejected that argument.

In United States v. Diaz-Diaz (5th Cir. Jan. 3, 2024), the Fifth Circuit affirmed two defendants’ trial convictions related to their involvement in the murders of three people in Mexico. The court also affirmed the imposition of an obstruction-of-justice sentencing enhancement, but it vacated the sentence on three counts because the district court had been mistaken about its discretion to order concurrent sentences.