In United States v. Day, —- F.4th —-, No. 23-50636 (5th Cir. Sept. 16, 2024), the Fifth Circuit vacated the defendant’s 101-month prison sentence and remanded his case for resentencing.

In United States v. Thomas, No. 23-10735 (5th Cir. Sept. 5, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s guilty-plea conviction for wire fraud. Thomas is a former financial analyst, who pled guilty to misappropriating rebate funds from her employer. At sentencing, Thomas received a 36-month prison sentence, to be followed by two years of supervised release. On appeal, she challenged two of the rules she was ordered to follow while on supervised release.

In United States v. Quintanilla, —- F.4th —-, No. 23-40033 (Aug. 30, 2024), the Fifth Circuit affirmed the two defendants’ convictions for “various federal offenses related to a conspiracy to bribe officials of Weslaco, Texas, to pick certain contractors for an infrastructure project.” This 35-page opinion is a cautionary tale for how attorneys should not litigate a criminal appeal.

In United States v. Estrada-Aguirre, No. 23-50583 (5th Cir. Sept. 3, 2024) (unpublished), the Fifth Circuit rejected the defendant’s argument that the Government was collaterally estopped from charging him with making a false statement in an application for a passport and perjury even though years ago he was acquitted at trial on similar charges.

In United States v. Connelly, —- F.4th —-, No. 23-50312 (5th Cir. Aug. 28, 2024), the Fifth Circuit agreed with the district court that 18 U.S.C. § 922(d)(3) and § 922(g)(3) were unconstitutional as applied to the defendant, although it reversed the district court’s conclusion that the laws were facially unconstitutional.

In United States v. Medina-Cantu, —- F.4th —-, No. 23-40336 (5th Cir. Aug. 27, 2024) (per curiam), the Fifth Circuit held that recent Supreme Court decisions have not abrogated the Fifth Circuit’s prior holding that 18 U.S.C. § 922(g)(5) — which prohibits illegal aliens from possessing a firearm or ammunition — is constitutional under the Second Amendment.

In United States v. Kissentaner, No. 23-20348 (5th Cir. Aug. 27, 2024) (unpublished), the Fifth Circuit affirmed the defendant’s conviction for seven counts of aiding and assisting in the preparation and presentation of false tax returns and affirmed her 144-month prison sentence, but it modified the $71,810.00 restitution order.

In United States v. Plezia, —- F.4th —-, No. 23-20483 (5th Cir. Aug. 22, 2024), the Fifth Circuit vacated one of the defendant’s convictions for a statute of limitations violation, but it affirmed his other convictions and his sentence.

In United States v. Goins, No. 23-30726 (5th Cir. Aug. 21, 2024) (unpublished), the Fifth Circuit affirmed the district court’s decision to apply a sophisticated-means Guidelines enhancement under USSG § 2B1.1(b)(10)(C).

In United States v. Gomez, No. 23-20068 (5th Cir. Aug. 16, 2024) (unpublished), the Fifth Circuit affirmed the district court’s denial of Gomez’s motion to suppress and its application of an enhanced base offense level under USSG § 2K2.1(a)(3).