In United States v. Wiley, No. 23-60068 (5th Cir. Feb. 2, 2024) (unpublished), the Fifth Circuit affirmed the district court’s decision to deny Wiley’s request for permission to file a late notice of appeal.

In Lewis v. Bickham, —- F. 4th —-, No. 23-30086 (5th Cir. Feb. 2, 2024), the Fifth Circuit granted Lewis a writ of habeas corpus after finding that the trial court had erred by inappropriately declaring a mistrial during Lewis’s second jury trial.

In United States v. Pena, —- F.4th —-, No. 23-10167 (5th Cir. Jan. 31, 2024), the Fifth Circuit affirmed the defendant’s 63-month prison sentence after rejecting two challenges to how the sentence was calculated, including his argument that the gun he possessed was incapable of accepting a large-capacity magazine.

In United States v. Phillips, No. 22-50745 (5th Cir. Jan. 29, 2024) (unpublished), the Fifth Circuit rejected the defendant’s three arguments, holding that (1) officers had probable cause to justify their search of his truck, (2) officers had suspected Phillips of “drug intoxication,” so their choice to conduct a dog sniff of his truck was reasonable and did not unnecessarily delay the traffic stop, and (3) it was appropriate to deny Phillips credit for acceptance of responsibility.

In United States v. Tighe, —- F.4th —-, No. 22-50332 (5th Cir. Jan. 25, 2024), the Fifth Circuit reversed the district court’s denial of a habeas petition and ordered the district court to permit the defendant to file an out-of-time appeal due to ineffective assistance of counsel.

In United States v. Sifuentes, No. 22-40825 (5th Cir. Jan. 22, 2024) (unpublished), the Fifth Circuit affirmed application of USSG § 2M5.2(a)(1) (exportation of firearms and ammunition), rejecting the defendant’s argument that four magazines should not be treated like separate “weapons” under the Guideline.

In United States v. Devany, No. 23-10385 (5th Cir. Jan. 18, 2024) (unpublished), the Fifth Circuit affirmed the denial of the defendant’s motion to suppress statements he made while suffering “methamphetamine withdrawal and the stress of solitary confinement.”

In United States v. Vallejo, No. 23-40222 (5th Cir. Jan. 18, 2024) (unpublished), the Fifth Circuit affirmed the district court and rejected the defendant’s two arguments about his sentence for conspiracy to possess with intent to distribute five kilograms or more of a cocaine mixture.

In United States v. James, No. 22-30734 (5th Cir. Jan. 10, 2024) (unpublished), the Fifth Circuit affirmed the district court’s decision to deny a defendant’s motion to withdraw his guilty plea despite the defendant’s argument that ineffective assistance of counsel had led him to plead guilty.

In United States v. Chiasson (5th Cir. Jan. 12, 2024), the Fifth Circuit affirmed the defendant’s above-Guideline sentence after finding that the district court did not err at sentencing by considering testimony by two non-victim witnesses or by relying on what the defendant characterized as “bare arrests.”