Fifth Circuit Blog

Informative summaries of Fifth Circuit Court of Appeals criminal cases.

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United States v. George Peterson

In United States v. Peterson, 127 F.4th 941 (5th Cir. 2025), the Fifth Circuit held that “suppressors do not trigger Second Amendment protection,” and it applied the good-faith exception to deny Peterson’s challenge to the search of his home that led officers to discover his suppressor.

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United States v. Damion Giglio

In United States v. Giglio, 126 F.4th 1039 (5th Cir. 2025), the Fifth Circuit held that Giglio’s conviction under the felon-in-possession statute, 18 U.S.C. § 922(g)(1), was lawful because the statute was constitutional as applied to him. The court also affirmed Giglio’s 41-month prison sentence.

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United States v. Fatani

In United States v. Fatani, 125 F.4th 755 (5th Cir. 2025), the Fifth Circuit affirmed the defendant’s conviction and sentence for wire fraud based on his involvement in a fraudulent Paycheck Protection Program (“PPP”) loan scheme.

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United States v. Eddie Lamont Bell

In United States v. Bell, No. 23-50755 (5th Cir. Feb. 28, 2025) (unpublished), the Fifth Circuit vacated the defendant’s sentence for possessing a firearm following a felony conviction in violation of 18 U.S.C. § 922(g)(1). The court agreed with Bell that the district court erred by denying him credit for acceptance of responsibility under USSG § 3E1.1.

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United States v. Jonte Turner

In United States v. Turner, 125 F.4th 693 (5th Cir. 2025), the Fifth Circuit affirmed the district court’s denial of Turner’s motion to suppress evidence that was found and seized when police officers entered Turner’s apartment and conducted a “protective sweep.”

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United States v. Stokley Austin

In United States v. Austin, 125 F.4th 688 (5th Cir. 2025), the Fifth Circuit held that a non-retroactive change in the law is not an extraordinary and compelling reason to reduce a defendant’s sentence under 18 U.S.C. § 3582(c)(1)—the compassionate release statute.

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United States v. Quiroz

In United States v. Quiroz, 125 F.4th 713 (5th Cir. 2025), the Fifth Circuit held that 18 U.S.C. § 922(n)—which prohibits receiving a firearm while under a felony indictment—is “consistent with the nation’s historical tradition of firearms regulation,” so it is constitutional even after New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022) and United States v. Rahimi, 602 U.S. 680 (2024).

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United States v. Siegert

In United States v. Siegert, No. 23-50907 (5th Cir. Jan. 14, 2025) (unpublished), the Fifth Circuit rejected the defendant’s challenges to a police search of his property pursuant to a search warrant and the related questioning by police.

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United States v. Poole

In United States v. Poole, No. 24-60194 (5th Cir. Jan. 7, 2025) (unpublished), the Fifth Circuit vacated the district court’s judgment that had ordered Poole to serve an additional six months in prison “more than five years after she completed her [original] term of supervised release.”

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United States v. Phillip Cole

In United States v. Cole, No. 24-40158 (5th Cir. Jan. 8, 2025) (unpublished), the Fifth Circuit affirmed the district court’s denial of Cole’s motion to suppress evidence derived from a police stop of his car. The Fifth Circuit did vacate his sentence, however, because the district court had applied the wrong Sentencing Guidelines base offense level.

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