Fifth Circuit Blog

Informative summaries of Fifth Circuit Court of Appeals criminal cases.

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United States v. Hildreth

In United States v. Hildreth, —- F.4th —-, No. 22-20301 (5th Cir. July 22, 2024), the Fifth Circuit rejected the defendant’s arguments and affirmed his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and it affirmed his 80-month prison sentence. The court rejected four of Hildreth’s arguments, but we focus only on the first.

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United States v. Devaney

In United States v. Devaney, —- F.4th —-, No. 23-10480 (5th Cir. July 22, 2024), the Fifth Circuit affirmed the defendant’s drug-trafficking conviction and his 480-month prison sentence. The court rejected Devaney’s arguments about his motion to suppress cell phone evidence, motion to suppress statements, and Sentencing Guidelines objections.

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United States v. Moore

In United States v. Moore, No. 23-30573 (5th Cir. July 22, 2024) (unpublished), the Fifth Circuit rejected Moore’s argument that his Sentencing Guidelines criminal history points were incorrectly calculated, and it affirmed his 125-month sentence for federal robbery under 18 U.S.C. § 1951(a).

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United States v. Okunoghae

In United States v. Okunoghae, No. 23-40382 (5th Cir. July 15, 2024) (unpublished), the Fifth Circuit vacated the district court’s denial of the defendant’s habeas motion and remanded the case for further proceedings.

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United States v. Perkins

In United States v. Perkins, No. 23-40356 (5th Cir. July 11, 2024) (unpublished), the Fifth Circuit agreed with the district court’s denial of Perkins’ suppression motion. In so doing, the court rejected a few arguments that we highlight here.

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United States v. Derryberry

In United States v. Derryberry, No. 23-60338 (5th Cir. July 11, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s conviction and found that the district court properly denied his motion to suppress evidence found during the stop and search of a vehicle because an informant had tipped police off about that vehicle.

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United States v. Cervantes

In United States v. Cervantes, —- F.4th —-, No. 23-20133 (5th Cir. July 9, 2024), the Fifth Circuit affirmed Ms. Cervantes’ trial convictions for conspiring and possessing with intent to distribute a controlled substance.

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United States v. Leopoldo Gonzalez

In United States v. Leopoldo Antonio Gonzalez, No. 23-10963 (5th Cir. July 9, 2024) (unpublished), the Fifth Circuit affirmed the denial of the defendant’s motion to suppress his traffic stop. In doing so, the court rejected two arguments that are worth highlighting.

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United States v. Coulter

In United States v. Coulter, No. 22-10975 (5th Cir. July 9, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s convictions despite his argument that “the Government should have disclosed the arresting officer’s personnel file so that Coulter could impeach the officer’s testimony at trial.”

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United States v. Watson

In United States v. Watson, No. 23-60501 (5th Cir. June 28, 2024) (unpublished), the Fifth Circuit affirmed the denial of the defendant’s motion to suppress a warrantless search of his house. At the time, Watson was on state probation, and his probation officer (accompanied by police) conducted a home visit based on a tip that Watson had drugs there.

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