In United States v. Gentile, —- F.4th —-, No. 22-50837 (5th Cir. Feb. 21, 2024), the Fifth Circuit found that the district court did not plainly err by what the defendant described as “threatening” to deny him acceptance of responsibility unless he withdrew certain objections to his Presentence Investigation Report (“PSR”).

In United States v. Rentfrow, No. 23-60054 (5th Cir. Feb. 21, 2024) (unpublished), the Fifth Circuit affirmed the convictions of two defendants for their attempted murder of a fellow inmate. On appeal, the defendants raised several changes, each of which was rejected by the Fifth Circuit.

In United States v. Abundiz, —- F.4th —-, No. 22-50697 (5th Cir. Feb. 20, 2024), the Fifth Circuit affirmed the defendant’s conviction and life sentence for sexually abusing his six-year-old niece. The court rejected several arguments raised by Abundiz, including his contention that the district court had erred by allowing the niece to testify by video rather than in person. Here, we focus on that portion of the Fifth Circuit’s opinion.

In United States v. Gordon, —- F.4th —-, No. 22-50043 (5th Cir. Feb. 16, 2024), the Fifth Circuit affirmed the district court’s denial of Gordon’s motions to dismiss based on violations of his statutory and constitutional rights to a speedy trial. In particular, the court joined its sister circuits in upholding continuance orders based on the COVID-19 pandemic.

In United States v. Blankenship, No. 22-40619 (5th Cir. Feb. 15, 2024) (unpublished), the Fifth Circuit affirmed the defendants’ convictions for violent crimes in aid of racketeering (VICAR)-kidnapping and conspiring to commit kidnapping, and it affirmed their life sentences.

In United States v. Ortega, —- F.4th —-, No. 23-50100 (5th Cir. Feb. 15, 2024), the Fifth Circuit vacated the defendant’s sentence and remanded his case for resentencing. The court found that the district court had erred by adding a two-level Sentencing Guideline enhancement for obstruction of justice.

In United States v. Batiste, No. 23-30582 (5th Cir. Feb. 14, 2024) (unpublished), the Fifth Circuit affirmed the denial of Ellis Batiste’s motion for compassionate release even though he is terminally ill and has a “less-than-eighteen-month prognosis for survival.”

In United States v. Johnson, —- F. 4th —-, No. 22-30242 (5th Cir. Feb. 14, 2024), the Fifth Circuit rejected the defendants’ challenges to their $3.5 million restitution order and rejected one of the defendant’s challenge to the loss calculation in her Sentencing Guidelines.

In United States v. Contreras Silva, —- F.4th —-, No. 22-30821 (5th Cir. Feb. 12, 2024), a panel of the Fifth Circuit affirmed the defendant’s trial conviction for possession of a firearm by an illegal alien. Judge James E. Graves, Jr., dissented from the decision.

In United States v. Malmquist, —- F. 4th —-, No. 22-50872 (5th Cir. Feb. 6, 2024), the Fifth Circuit vacated the defendant’s sentence and remanded his case for resentencing because the Government breached its plea agreement with Malmquist.