Justia Criminal Law Opinion Summaries

On the night of November 29, 2021, a Hattiesburg police officer conducted a traffic stop of a vehicle due to a defective tag light. The driver, unable to provide identification or insurance, was asked to exit the car. During a protective pat-down, the officer discovered a concealed firearm on the driver, who initially denied its presence. The officer then approached the passenger, Andrew Ducksworth, who stated he was paralyzed from the waist down. After requesting Ducksworth to raise his hands and initiating a pat-down, the officer felt a hard object between Ducksworth’s legs, which Ducksworth denied was a firearm. Upon further investigation and backup, officers found a loaded firearm in Ducksworth’s possession and learned he was a convicted felon.Ducksworth was charged in the United States District Court for the Southern District of Mississippi with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). He moved to suppress the firearm, arguing the officer lacked reasonable suspicion for the pat-down, and also moved to dismiss the indictment on Second Amendment grounds. After a hearing, with officer testimony and corroborating body- and dash-cam footage, the district court denied both motions. At a bench trial, Ducksworth stipulated to all elements of the offense, presented no evidence, was found guilty, and sentenced to thirty-six months in prison and three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the denial of the motions and the sufficiency of the evidence. The court held that, considering the totality of the circumstances—including the driver’s possession and concealment of a firearm, the high-crime area, and the officer’s safety concerns—there was reasonable suspicion for the pat-down. The court also held that Ducksworth’s stipulation satisfied the statutory element of a prior felony conviction and rejected his constitutional challenges, affirming the district court’s judgment in full. View "United States v. Ducksworth" on Justia Law

Federal agents investigated a drug trafficking organization operating in eastern Texas and identified Rodney Ignacio Castro as the cocaine supplier. Castro was linked to an apartment in downtown Houston. When law enforcement executed a search warrant at this apartment, they discovered $1,050,860 in cash, jewelry worth roughly $250,000, and an unloaded gold-plated handgun stored in a closet. Castro admitted these valuables were proceeds from his drug trafficking, that he possessed the handgun, and that he used the apartment in furtherance of drug trafficking activities.The United States District Court for the Eastern District of Texas received a presentence report finding Castro responsible for 39.05 kilograms of cocaine and recommended two sentencing enhancements: one for possession of a dangerous weapon under U.S.S.G. § 2D1.1(b)(1), and another for maintaining a premises for drug distribution under U.S.S.G. § 2D1.1(b)(12). Castro objected, arguing there was no evidence of drugs or drug paraphernalia in the apartment and the firearm was not stored with such items. The district court overruled both objections, reasoning the proximity of the handgun to drug proceeds and Castro’s own admissions supported the enhancements. The court sentenced Castro to 210 months in prison and noted it would have imposed the same sentence even if the guideline range was calculated differently.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s factual findings for clear error. The Fifth Circuit held that the firearm enhancement was justified by the temporal and spatial relation between the weapon, proceeds, and defendant, and that storing drug proceeds in the apartment constituted a principal use for drug distribution purposes. The appellate court found no clear error and affirmed Castro’s sentence. View "USA v. Castro" on Justia Law

Ahmadou entered the United States from Niger in 2016 under an F1 student visa. In 2021, he visited a Texas gun range, rented and fired guns, and completed a waiver form that did not list his visa status as a prohibited category for firearm possession under federal law. Investigators connected Ahmadou to an Islamic extremist involved in a 2020 attack, and a search of Ahmadou’s devices revealed extensive ISIS propaganda. Undercover agents were present during his visits, but did not instruct the gun range staff to act differently. Ahmadou was later arrested and admitted his gun range visits were in preparation for potential jihad overseas.In the United States District Court for the Southern District of Texas, Ahmadou moved to dismiss his indictment, arguing he was entitled to the defense of entrapment by estoppel based on alleged misrepresentation by the gun range’s waiver form. The district judge denied his motion, excluded evidence of the defense, and refused his proposed jury instruction. After trial, a jury found Ahmadou guilty on all counts. At sentencing, the court denied a reduction for acceptance of responsibility and declined to apply the terrorism enhancement, but imposed an above-guidelines sentence, citing Ahmadou’s conduct and associations.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court’s decisions. It held that entrapment by estoppel did not apply because the gun range’s waiver form was not an affirmative misrepresentation, and the firearms dealer was not a federal official or agent for purposes of the defense. The Fifth Circuit also found that denial of the acceptance-of-responsibility reduction was not clearly erroneous, and the above-guidelines sentence was both procedurally and substantively reasonable, as it was based on permissible considerations under 18 U.S.C. § 3553(a). View "USA v. Ahmadou" on Justia Law

Kevin LaMarcus Mitchell, who has a history of criminal conduct, was previously convicted of being an unlawful user of a controlled substance in possession of a firearm under 18 U.S.C. § 922(g)(3), a felony offense. Years later, during the execution of an unrelated arrest warrant, law enforcement found firearms in the room he occupied and Mitchell admitted to daily marijuana use. Based on his prior § 922(g)(3) conviction, Mitchell was indicted in the United States District Court for the Southern District of Mississippi for being a felon in possession of a firearm under § 922(g)(1).After his indictment, Mitchell moved to dismiss the charge on several constitutional grounds, including an as-applied Second Amendment challenge in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen. The district court denied his motion, after which Mitchell entered a conditional guilty plea, reserving his right to appeal the Second Amendment issue. He was sentenced to sixty-four months’ imprisonment and three years of supervised release.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s denial de novo. The Fifth Circuit held that, under Bruen and its own precedent, the Second Amendment’s plain text covers Mitchell’s conduct and that the only relevant predicate offense for an as-applied challenge is his prior § 922(g)(3) conviction. The court found that the government failed to identify a historical tradition justifying permanent disarmament of individuals with a predicate offense based solely on habitual marijuana use, in the absence of evidence of active intoxication while possessing a firearm. Therefore, the Fifth Circuit ruled that § 922(g)(1) is unconstitutional as applied to Mitchell’s predicate offense, reversed the district court’s denial of his motion to dismiss, and vacated the judgment of conviction and sentence. View "United States v. Mitchell" on Justia Law

The defendant, Marcos Hernandez, has a documented history of violence against the mother of his child, Jessica Murillo, including multiple arrests and convictions for assault. His conduct escalated over several years, resulting in convictions for misdemeanor and felony assault of a family member under Texas law. In May 2023, Hernandez was found in possession of a short-barreled, unregistered 12-gauge shotgun while walking along a railroad track in El Paso, Texas. Subsequent investigation confirmed he had no firearms registered to his name. Hernandez was indicted for possession of a firearm by a convicted felon and possession of an unregistered firearm.The United States District Court for the Western District of Texas denied Hernandez’s motion to dismiss the indictment, in which he argued that both statutes violated the Second Amendment and, for one count, the Commerce Clause. Hernandez then pled guilty to both charges, admitting to his prior felony convictions and the facts surrounding the firearm. The district court sentenced him to concurrent terms of imprisonment and supervised release. Hernandez timely appealed.The United States Court of Appeals for the Fifth Circuit reviewed Hernandez’s constitutional challenges de novo. The court concluded that his facial Second Amendment and Commerce Clause challenges to 18 U.S.C. § 922(g)(1) are foreclosed by precedent. Regarding his as-applied Second Amendment challenges to both statutes, the Fifth Circuit held they fail because the Second Amendment does not protect possession of short-barreled shotguns and because Hernandez’s predicate offenses are crimes of violence. Under Fifth Circuit precedent, such convictions permit categorical disarmament. The court affirmed the district court’s judgment, upholding Hernandez’s convictions. View "United States v. Hernandez" on Justia Law

In this case, the defendant was convicted of sex trafficking a minor after a jury trial. The evidence showed that in 2022, a 15-year-old girl ran away from home and met the defendant in Houston. The defendant, knowing her age, engaged in non-consensual sex with her, supplied her with drugs, and coerced her into sex work. He arranged for her to be photographed in lingerie for online advertisements and kept the money she earned from commercial sex acts, using it for personal expenses. The victim eventually escaped and was hospitalized, where she expressed severe emotional distress and suicidal thoughts. Her mother stayed with her during her hospital stay, incurring lost wages and later purchasing clothing to help her daughter feel safer in public.The United States District Court for the Southern District of Texas presided over the trial and sentencing. The jury found the defendant guilty, including findings that the victim was under eighteen and that force, threats, fraud, or coercion were involved. The presentence report calculated a Guidelines range of life imprisonment, but the district court imposed a sentence of 480 months’ imprisonment and ten years of supervised release, and later ordered restitution, including amounts for the mother’s lost wages and clothing purchases. The defendant objected to these restitution components and to the consideration of certain statements in the victim-impact statement, and also identified a clerical error in the written judgment.The United States Court of Appeals for the Fifth Circuit reviewed the case. It held that the district court did not plainly err in considering the full victim-impact statement, did not exceed its statutory authority in awarding restitution for the mother’s lost wages and clothing purchases, and that the statutory scheme allowed such restitution as proximate results of the offense. The Fifth Circuit affirmed the sentence and restitution order, but remanded for correction of the clerical error in the amended judgment to match the court’s oral pronouncement. View "USA v. Limon" on Justia Law

The defendant pled guilty to possessing fentanyl with intent to distribute, after selling fentanyl-laced Percocet pills that resulted in the death of an Army soldier, L.G. The Presentence Investigation Report initially calculated a sentencing range of 210–240 months under the U.S. Sentencing Guidelines, based on the finding that death resulted from the drug offense. At sentencing, the government presented evidence linking the defendant’s sale to L.G.’s fatal overdose, including communications and undercover purchases. The district court overruled the defendant’s objection to the application of the enhanced guideline and imposed a 240-month sentence.On appeal, the government conceded that applying the enhanced guideline was plain error under United States v. Greenough, because the death was not part of the crime to which the defendant pled guilty. The United States Court of Appeals for the Fifth Circuit remanded for resentencing. At resentencing, the government acknowledged the lower guideline range of 10–16 months. The district court considered arguments for and against an upward variance, ultimately imposing the same 240-month sentence, citing the seriousness of the offense and other statutory factors, but did not inform the defendant of his right to allocute. The defendant’s counsel did not object after sentencing.The United States Court of Appeals for the Fifth Circuit reviewed the procedural and substantive challenges to the sentence. The court found that the district court’s explanation for the upward variance was insufficient, constituting clear error, but held that this did not affect the defendant’s substantial rights. The court also held that considering L.G.’s death as a sentencing factor was permissible under precedent. Finally, the court found that the failure to allow allocution at resentencing did not warrant reversal. The Fifth Circuit affirmed the 240-month sentence. View "United States v. Horton" on Justia Law

A native and citizen of the Dominican Republic, the petitioner was admitted to the United States as a lawful permanent resident in 2007. In 2022, he pleaded guilty in the United States District Court for the Middle District of Florida to conspiracy to commit money laundering under 18 U.S.C. § 1956(h). The judgment included a forfeiture order stating that at least $3,934,518 was obtained and laundered by the petitioner as a result of his participation in the conspiracy. In 2023, the Department of Homeland Security initiated removal proceedings, alleging that the petitioner was removable as an aggravated felon because his offense involved more than $10,000.An Immigration Judge found the petitioner removable as charged, relying on the conviction records, including the forfeiture order. The petitioner applied for cancellation of removal, but the Immigration Judge concluded he was ineligible due to the aggravated felony conviction. On appeal to the Board of Immigration Appeals, the petitioner argued that the forfeiture order did not meet the evidentiary standard required to establish that his conviction was an aggravated felony, as it did not specify the amount directly attributable to his conduct. The Board, applying the circumstance-specific approach endorsed by the Supreme Court in Nijhawan v. Holder, found that the forfeiture order was sufficient to establish that the funds involved exceeded $10,000 and dismissed the appeal.The United States Court of Appeals for the Fifth Circuit reviewed the Board’s decision de novo. The court held that an unrebutted forfeiture order entered solely against an alien, finding a specific amount of laundered funds attributable to the alien’s conduct of conviction, can constitute clear and convincing evidence that the amount of funds required by 8 U.S.C. § 1101(a)(43)(D) is met. The court denied the petition for review. View "Reyes v. Bondi" on Justia Law

Darell Montrell Trotter was charged with conspiracy to distribute fentanyl. Although the indictment alleged that his conduct caused the death of an individual, DS, the plea agreement did not include this allegation. The agreement stipulated that Trotter would be sentenced within the applicable range under the U.S. Sentencing Guidelines, but acknowledged that the court was not bound by these stipulations. The presentence investigation report calculated a Guidelines range of 135–168 months, and recommended a sentence at the bottom of the range. Trotter initially objected to the report but withdrew his objections and agreed with the recommended sentence. At sentencing, the Government presented testimony from DS’s father and argued that the Guidelines underrepresented the severity of Trotter’s conduct, urging the court to consider an upward variance.The United States District Court for the Eastern District of Texas sentenced Trotter to 168 months’ imprisonment, the top of the Guidelines range, and five years of supervised release. The court did not reference the prosecutor’s remarks in its sentencing decision. Trotter appealed, arguing that the Government breached the plea agreement by undermining the agreed-upon Guidelines range and advocating for a sentence above it.The United States Court of Appeals for the Fifth Circuit reviewed the case under the plain error standard. The court found that the Government breached the plea agreement by advocating for a sentence above the Guidelines range, that this breach affected Trotter’s substantial rights, and that correcting the error was necessary to preserve the fairness and integrity of judicial proceedings. The Fifth Circuit vacated the district court’s judgment and remanded the case, allowing Trotter to either seek specific performance of the plea agreement before a new judge or withdraw from the plea agreement. View "United States v. Trotter" on Justia Law

George Jimenez was charged after sending sexually explicit messages and images to his girlfriend’s minor daughter, MV-1, and other minors, while pretending to be a thirteen-year-old boy. Over several weeks, Jimenez requested nude photographs from MV-1, specifically asking for images of her breasts and pubic area. The conduct was discovered when MV-1’s mother reported her suspicions to the FBI, who then obtained and searched both Jimenez’s and MV-1’s phones. A grand jury indicted Jimenez on multiple counts, but only the charge of coercing and enticing a minor to engage in sexual activity under 18 U.S.C. § 2422(b) proceeded to a stipulated bench trial.The United States District Court for the Southern District of Texas held a one-day bench trial on Count One. Jimenez moved for a judgment of acquittal, arguing that the evidence was insufficient to prove that his requests amounted to a “lascivious display” and that the statute only covered physical conduct. The district court denied the motion and found Jimenez guilty, sentencing him to 240 months in prison and 10 years of supervised release. Jimenez appealed, challenging the interpretation of “sexual activity” under § 2422(b) and the sufficiency of the evidence regarding lascivious exhibition.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s judgment. The court held that “sexual activity” under 18 U.S.C. § 2422(b) includes nonphysical conduct, such as the solicitation of sexually explicit images, and is not limited to interpersonal physical contact. The court also found that the evidence was sufficient to support that Jimenez attempted to coerce MV-1 to engage in the lascivious exhibition of her genitals or pubic area under 18 U.S.C. § 2256. Accordingly, the Fifth Circuit affirmed the district court’s judgment in full. View "USA v. Jimenez" on Justia Law