Justia Criminal Law Opinion Summaries

Articles Posted in U.S. Court of Appeals for the Fifth Circuit
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In 2012, three people were shot and killed outside a nightclub in Houston, Texas. Feanyichi E. Uvukansi was identified by an eyewitness, Jeresano, who picked him out of a photo array. Uvukansi was convicted of capital murder and sentenced to life without parole. At trial, Jeresano testified that he had no agreement with prosecutors regarding his testimony, but it was later revealed that he did have an agreement that could reduce his federal drug sentence in exchange for his testimony.Uvukansi did not raise the issue of false testimony on direct appeal but did so in state habeas proceedings. The state district court found that Jeresano's testimony was false but deemed it immaterial because the jury was aware of parts of the agreement through other testimony. The Texas Court of Criminal Appeals denied Uvukansi’s application without a written order. Uvukansi then filed a Section 2254 application in federal district court, which was dismissed on the grounds that the state court's decision was not contrary to, or an unreasonable application of, clearly established Supreme Court precedent.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the state district court applied the correct "reasonable likelihood" standard for materiality and did not impose a higher burden of proof on Uvukansi. The court also found that the state district court did not err in considering the false testimony's impact on Jeresano's credibility rather than the identification itself. The Fifth Circuit concluded that the state court's decision was not contrary to, or an unreasonable application of, clearly established Supreme Court precedent and affirmed the dismissal of Uvukansi's Section 2254 application. View "Uvukansi v. Guerrero" on Justia Law

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Nghia Le was involved in a methamphetamine distribution operation centered at a motorcycle shop rented by Ryan Negrotto. Le supplied methamphetamine to the shop, where drug transactions took place. Le was indicted on multiple charges, including using or maintaining a drug premises. Le admitted to using the shop for drug distribution but contested that he maintained it.The United States District Court for the Eastern District of Louisiana applied a two-level offense enhancement under U.S.S.G. § 2D1.1(b)(12), concluding that Le maintained the premises for drug distribution based on his admission in the factual basis supporting his guilty plea. Le objected, arguing that he did not have control over the shop, but the district court overruled his objection and sentenced him to 135 months for the methamphetamine charges, with additional sentences for other charges.The United States Court of Appeals for the Fifth Circuit reviewed the case and found that the district court erred in applying the enhancement based solely on Le's ambiguous admission. The appellate court noted that the factual basis did not clearly establish that Le maintained the shop, as it primarily indicated his use of the premises. The court also found insufficient evidence that Le had a possessory interest or control over the shop. Consequently, the Fifth Circuit vacated Le's sentence for the methamphetamine charges and remanded for resentencing, allowing the district court to reconsider the enhancement with more developed arguments. The court affirmed the rest of Le's conviction and sentence, rejecting his argument that his sentence was substantively unreasonable. View "United States v. Le" on Justia Law

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Abdul Fatani was involved in a fraudulent Paycheck Protection Program (PPP) loan scheme during the COVID-19 pandemic. The scheme, led by Amir Aqeel, involved submitting false PPP loan applications with fabricated payroll information and supporting documents. Fatani, as a borrower, submitted a fraudulent application for his company, Route 786 USA, Inc., which had no employees or payroll. The loan was approved, and $511,250 was deposited into Route 786’s bank account. Fatani then wrote checks to co-conspirators and created fake payroll checks to make it appear that the funds were used for legitimate expenses.The United States District Court for the Southern District of Texas tried Fatani, and a jury found him guilty of conspiracy to commit wire fraud, wire fraud, and engaging in a monetary transaction with criminally derived property. Fatani moved for a judgment of acquittal, which the district court denied. The court sentenced him to 36 months in prison for each count, to run concurrently, along with 3 years of supervised release and restitution of $511,250. Fatani appealed the conviction and sentence.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court’s judgment, finding sufficient evidence to support Fatani’s wire fraud conviction. The court held that the scheme to defraud was not complete until Aqeel, the mastermind, received his share of the proceeds, and the wire transfer in question was part of that scheme. The court also found that Fatani’s 36-month sentence was substantively reasonable, considering the mitigating factors presented. However, the court remanded the case for correction of a clerical error in the written judgment, which incorrectly listed aiding and abetting convictions. View "USA v. Fatani" on Justia Law

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The Fifth Circuit affirmed defendant's convictions of conspiracy to possess with intent to distribute cocaine and use of an interstate facility in aid of racketeering. In this case, the officer stopped defendant because he believed that defendant did not "safely clear" a tractor-trailer when he tried to pass the trailer on the road. The court held that the initial traffic stop was justified, and the officer did not unreasonably extend the detention because the officer had reasonable suspicion that defendant was engaged in drug trafficking. The court also held that the evidence was sufficient for a rational jury to conclude that defendant reached an agreement to distribute drugs with another individual. Furthermore, a rational jury could infer that the money was related to the drug-trafficking conspiracy. Finally, the district court did not err by determining that defendant was a career offender. The court disposed of defendant's remaining claims and affirmed the judgment. View "United States v. Bams" on Justia Law

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The Fifth Circuit withdrew the prior opinion and substituted this opinion. The court held that the district court erred by imposing a sixteen-level enhancement under USSG 2L1.2(b)(1)(A)(ii) based on a prior conviction for terroristic threatening in violation of Arkansas law. Even if the district court correctly resorted to the modified categorical approach, the Arkansas conviction could not constitute a crime of violence because it lacked physical force as an element. Because the Government failed to meet its heavy burden to convincingly demonstrate that the district court would have imposed the same sentence regardless of its erroneous calculation, the court vacated the sentence and remanded for resentencing. View "United States v. Rico-Mejia" on Justia Law

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Defendant pleaded guilty to knowingly possessing a firearm as a convicted felon and the district court sentenced him under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on a prior Texas felony conviction under section 38.14 of the Texas Penal Code. The Fifth Circuit affirmed the district court's judgment and held that the caselaw defendant presented -- Dobbs v. State, and Finley v. State -- did not definitely calibrate the amount of force required for a violation of resisting arrest under section 38.03, and there was no indication that the definition of force was intended to apply outside of section 38.03. The court held that section 38.14 has as an element the "threatened use of force" and qualifies as a violent felony under the ACCA. View "United States v. Massey" on Justia Law

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Defendant, operator of a tax preparation business, was convicted of corruptly endeavoring to obstruct the administration of the tax code and of three counts of filing fraudulent tax returns. The Fifth Circuit upheld the convictions and amount of the restitution award, but modified the judgment so the restitution obligation was limited to the supervised release term that was the only period during which restitution can be imposed for a tax offense. View "United States v. Westbrooks" on Justia Law

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Where there is no relevant evidence of drug use, the essential characteristic of a defendant that makes surveillance for drug use reasonable and appropriate is absent. Defendant appealed the district court's reimposition of a special condition of supervised release. The Fifth Circuit vacated the drug surveillance special condition, holding that the district court abused its discretion in imposing the condition on defendant where there was no record evidence that she engaged in personal drug use. The court otherwise affirmed the judgment. View "United States v. Ramos-Gonzales" on Justia Law

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Plaintiff appealed the dismissal of his 42 U.S.C. 1983 pro se complaint as frivolous and for failure to state a claim. The Fifth Circuit affirmed, holding that plaintiff's claims for declaratory and injunctive relief under the Religious Land Use and Institutionalized Persons Act (RLUIPA), was moot after his transfer to a different detention center; plaintiff's First Amendment claim failed because, other than not being allowed to attend Jumu'ah prayer services, he has not identified any other restrictions on his ability to express or exercise his faith; plaintiff's claims regarding the denial of medical care, negligent or deliberately indifferent infliction of injury, interference with his mail/denial of access to the courts, denial of equal protection, and retaliation were either not briefed at all or not adequately briefed; and plaintiff filed a formal motion requesting leave to file his proposed third amended complaint, and his "proposed order" accompanying that complaint did not qualify as such a motion. The court denied plaintiff's motion for a proposed settlement, and noted that the dismissal of this complaint counts as a strike under 28 U.S.C. 1915(g). Because plaintiff has at least three other strikes, he is barred from proceeding in forma pauperis. View "Coleman v. Lincoln Parish Detention Center" on Justia Law

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Defendant challenged a detention order that was issued because he was caught violating the conditions of pretrial release set by a federal magistrate judge in California. The Fifth Circuit affirmed, holding that the evidence supported the detention order. In this case, defendant was on pretrial release for about a month, during which he tested positive for drugs and was arrested for drug-related crimes; he has four drug convictions, no ties to the Eastern District, and no verifiable legitimate employment; and the facts surrounding his arrest established probable cause that he committed a felony while on release, creating a rebuttable presumption that he was a danger to the community. The court also held that the district court's interpretation of Eastern District of Louisiana Local Criminal Rule 5.2 did not constitute plain error; even if the district court erred, that error was neither clear or obvious; defendant's challenge to an email sent by a law clerk was foreclosed because defendant never moved to supplement the record with the email; and defendant's claim that he had a constitutional right to an evidentiary hearing was waived for lack of adequate briefing. View "United States v. Moreno" on Justia Law