Fifth Circuit Blog

Informative summaries of Fifth Circuit Court of Appeals criminal cases.

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United States v. Caballero Grajeda

In United States v. Caballero Grajeda, No. 23-50091 (5th Cir. June 25, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s convictions for possession and conspiracy to possess with intent to distribute various drugs, including methamphetamine, cocaine, and fentanyl. Here, we cover three of the court’s holdings.

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United States v. Griffin

In United States v. Griffin, No. 22-60453 (5th Cir. June 25, 2024) (unpublished), the Fifth Circuit remanded the case because the district court “should have conducted an evidentiary hearing” on Griffin’s claim of ineffective assistance of counsel (“IAC”).

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United States v. Goltz

In United States v. Goltz, No. 23-10851 (5th Cir. July 10, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s conviction for sending interstate threatening communications in violation of 18 U.S.C. § 875(c).

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United States v. Jaquez

In United States v. Jaquez, —- F.4th —-, No. 23-40348 (July 10, 2024), the Fifth Circuit affirmed the defendant’s convictions for conspiring and transporting an undocumented alien within the United States under 8 U.S.C. § 1324(a)(1)(A)(ii) & (v)(I).

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United States v. Ayala-Alas

In United States v. Ayala-Alas, No. 23-50226 (5th Cir. July 10, 2024) (unpublished), the Fifth Circuit rejected a variety of defense arguments and affirmed the trial convictions and 135-month sentence for importation and distribution of marijuana.

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United States v. Campos-Ayala

In United States v. Campos-Ayala, —-F.4th —-, No. 21-50642 (5th Cir. 2024) (en banc), the en banc Fifth Circuit affirmed the two defendants’ convictions for possession with intent to distribute marijuana. In so doing, the court rejected the earlier panel opinion, which had found sufficient evidence that the defendants had “possessed” the marijuana.

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United States v. Lafleur

In United States v. Lafleur, No. 23-30311 (5th Cir. June 5, 2024) (unpublished), the Fifth Circuit affirmed the sentence despite Lafleur’s argument that the district court had plainly erred by denying him the opportunity to speak before sentencing.

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United States v. Anderson

In United States v. Anderson, No. 23-50110 (5th Cir. June 4, 2024) (unpublished), the Fifth Circuit affirmed the denial of Anderson’s motion to suppress. Anderson had argued that the arresting officer lacked reasonable suspicion to stop his vehicle, emphasizing that video evidence revealed both his headlights had been functioning properly, contrary to the officer’s claim.

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United States v. Burton

In United States v. Burton, No. 23-40460 (5th Cir. June 4, 2024) (unpublished), the Fifth Circuit affirmed the district court’s decisions to deny the defendant a minor-role adjustment under USSG § 3B1.2 and to deny his request for a downward departure to a probationary sentence.

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United States v. Rudolph

In United States v. Rudolph, —- F.4th —-, No. 21-30739 (5th Cir. May 30, 2024), the Fifth Circuit vacated the defendant’s 262-month sentence and remanded his case for resentencing because when a “district court adopts ‘facts’ in a Pre-Sentence Report that lack an adequate evidentiary basis with sufficient indicia of reliability, it has committed clear error.”

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