Fifth Circuit Blog

Informative summaries of Fifth Circuit Court of Appeals criminal cases.

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United States v. Kasali

In United States v. Kasali, —- F.4th —-, No. 21-20681 (5th Cir. Aug. 2, 2024), the Fifth Circuit affirmed the defendant’s fraud convictions, her 70-month prison sentence, and the district court’s $2,027,686.64 restitution order.

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United States v. Palmer

In United States v. Palmer, —- F.4th —-, No. 23-20403 (5th Cir. Aug. 1, 2024), the Fifth Circuit affirmed the district court’s findings that officers had reasonable suspicion to stop Palmer’s car and that Palmer had not been subject to “custodial interrogation” when he spoke to the officers.

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United States v. James Williams

In United States v. Williams, No. 23-50725 (5th Cir. Aug. 1, 2024) (unpublished), the Fifth Circuit vacated the defendant’s revocation sentence because the district court had “committed plain error by relying on clearly erroneous facts in arriving at the sentence.”

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United States v. Bay Wilson

In United States v. Wilson, —- F.4th —-, No. 23-50509 (5th Cir. Aug. 1, 2024), the Fifth Circuit affirmed the defendant’s conviction for possessing a firearm after a felony conviction and affirmed his 97-month prison sentence for that crime.

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United States v. Barnett

In United States v. Barnett, No. 23-20174 (5th Cir. July 26, 2024) (unpublished), the Fifth Circuit vacated a district court’s restitution order — as it had done two days earlier in United States v. McIntosh.

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United States v. McIntosh

In United States v. McIntosh, No. 23-20275 (5th CIr. July 24, 2024) (unpublished), the Fifth Circuit vacated the defendant’s restitution order but affirmed his convictions and prison sentence.

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United States v. Boswell

In United States v. Boswell, —- F.4th —-, No. 23-30315 (5th Cir. July 23, 2024), the Fifth Circuit reversed one of the defendant’s convictions for a statute-of-limitations violation because “the Government failed to establish a legitimate prosecutorial purpose for sealing [his] indictment.”

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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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