In United States v. Smith, —- F.4th —-, No. 23-20354 (5th Cir. Aug. 16, 2024), the Fifth Circuit affirmed the defendant’s sentence and upheld two sentencing enhancements under USSG §§ 2G1.3(b)(2)(B) & 3A1.1(b)(1).

In United States v. Romero, —- F.4th —-, No. 23-50443 (5th Cir. Aug. 12, 2024), the Fifth Circuit affirmed the district court’s decision to allow the Government to present new evidence at a resentencing hearing, which ultimately led to application of an increased base offense level under the Sentencing Guidelines.

In United States v. Garcia, No. 23-40701 (5th Cir. Aug. 14, 2024) (per curiam), the Fifth Circuit held that the Government did not breach the plea agreement by adopting the PSR’s “determination that Garcia was not entitled to a reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 based on his assault of another detainee while awaiting sentencing.”

In United States v. Smith, —- F.4th —-, No. 23-60321 (Aug. 9, 2024), the Fifth Circuit created a new circuit split by holding that “the use of geofence warrants—at least as described herein—is unconstitutional under the Fourth Amendment.” Nevertheless, in this case, it found that officers relied on a geofence warrant in good faith, so the defendants’ motion to suppress had been properly denied.

In United States v. Nelson, No. 23-60086 (5th Cir. Aug. 9, 2024) (unpublished), the Fifth Circuit affirmed Dr. Scott E. nelson’s convictions for healthcare fraud and conspiracy to commit the same, under 18 U.S.C. §§ 1347, 1349. The court also affirmed Nelon’s 60-month prison sentence and $15,453,316.57 order of restitution.

In United States v. Luna Caudillo, —- F.4th —-, No. 23-40560 (5th Cir. Aug. 7, 2024), the Fifth Circuit held that mandatory-minimum restitution awards under 18 U.S.C. § 2259(b)(2)(B) might violate the Sixth Amendment right to a jury trial, but it declined to resolve that question because this defendant’s plea agreement included a waiver of any challenge to the restitution award.

In United States v. Ennis, No. 23-30397 (5th Cir. Aug. 7, 2024) (unpublished), the Fifth Circuit resolved two consolidated appeals from defendants who had both received 120-month mandatory minimum sentences for conspiring to distribute and possess with intent to distribute methamphetamine under 21 U.S.C. §§ 841(a)(1), 846. The court affirmed one sentence but vacated the other.

In United States v. Moore, No. 21-10345 (5th Cir. Aug. 6, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s convictions for unlawfully possessing firearms as a convicted felon while subject to a domestic violence protective order. See 18 U.S.C. §§ 922(g)(1), (g)(8). It rejected Moore’s challenge to his arrest warrant, his suppression argument, and his argument of prejudice based on a text message received by a juror.

In United States v. Soto Parra, —- F.4th —-, No. 23-50487 (5th Cir. Aug. 5, 2024), the Fifth Circuit held that the district court committed plain error by applying an obstruction-of-justice sentencing enhancement based on lies the defendant had told initially when he was arrested.

In United States v. Wilson, No. 22-20100 (5th Cir. Aug. 2, 2024) (unpublished), the Fifth Circuit affirmed the district court’s decision to deny Wilson’s suppression motion without holding an evidentiary hearing.