Fifth Circuit Blog

Informative summaries of Fifth Circuit Court of Appeals criminal cases.

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United States v. Sidney Joseph

In United States v. Sidney Joseph, —- F.4th —-, No. 23-30005 (5th Cir. May 20, 2024), the Fifth Circuit affirmed the district court’s order directing the Federal Bureau of Prisons to transfer funds from Joseph’s inmate account to cover his restitution obligations.

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United States v. Broussard

In United States v. Broussard, No. 23-30126 (5th Cir. May 29, 2024) (unpublished), the Fifth Circuit affirmed denial of the defendant’s motion to suppress and affirmed the district court’s application of a two-level enhancement under USSG § 2D1.1(b)(12) for maintaining “a premises for the purpose of manufacturing or distributing a controlled substance.”

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United States v. McNeal

In United States v. McNeal, —- F.4th —-, No. 23-20351 (5th Cir. May 23, 2024), the Fifth Circuit affirmed the defendant’s 60-month sentence after finding no procedural error, despite McNeal’s argument that the district court had failed to rule on his PSR objection.

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United States v. Naranjo

In United States v. Naranjo, —- F.4th —-, No. 22-50938 (5th Cir. May 21, 2024), the Fifth Circuit affirmed the district court’s denials of the defendant’s motions for a sentence reduction under Section 404 of the First Step Act of 2018.

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United States v. Buzzy Martinez

In United States v. Buzzy Martinez, —- F.4th —-, No. 23-40366 (5th Cir. May 17, 2024), the Fifth Circuit affirmed the denial of Martinez’s motion to suppress. Martinez had argued that the law enforcement canine’s “alert” was not enough to justify the search of his vehicle.

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United States v. Perricone

In United States v. Perricone, No. 22-51127 (5th Cir. May 17, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s convictions and sentence after denying his challenges under the Fourth and Fifth Amendments, as well as USSG § 2G2.2(b)(5).

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United States v. Gilbert

In United States v. Gilbert, No. 23-10896 (5th Cir. May 16, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s guilty-plea conviction and rejected his arguments that his plea was not knowingly and voluntarily entered and that he should have been appointed substitute counsel at sentencing.

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United States v. Gil

In United States v. Gil, No. 23-50525 (5th Cir. May 15, 2024) (unpublished), the Fifth Circuit vacated the defendant’s conviction for being an unlawful drug user in possession of a firearm in violation of 18 U.S.C. § 922(g)(3) so that the district court could consider his argument that the statute is unconstitutional as applied to him.

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United States v. Nestor Garcia

In United States v. Garcia, No. 23-40269 (5th Cir. May 13, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s jury-trial conviction for conspiring to import and possess with intent to distribute methamphetamine and cocaine.

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United States v. Varela-Rivera

In United States v. Varela-Rivera, No. 23-50298 (5th Cir. May 13, 2024) (unpublished), the Fifth Circuit reversed with instructions for the district court to remove a special condition of supervised release that had required the defendant to abstain from alcohol and other intoxicants.

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