Justia Criminal Law Opinion Summaries

Articles Posted in U.S. Court of Appeals for the Fifth Circuit
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Defendant appealed her sentence for conspiracy to transport and conceal illegal aliens, during which offense the death of a person resulted. The district court found that defendant was aware that the victim was sick dehydrated, diabetic, and needed insulin. The district court also found that defendant's failure to obtain medical help for the victim was a but-for cause of his death. The court concluded that the district court's factual findings support its application of a six-level enhancement for intentionally or recklessly creating a substantial risk of death or serious bodily injury under U.S.S.G. 2L1.1(b)(6) and a ten-level enhancement for causing another person's death under U.S.S.G. 2L1.1(b)(7). Accordingly, the court affirmed the judgment. View "United States v. Muniz" on Justia Law

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Defendant, an attorney, was found guilty of charges related to widespread corruption involving defendant, a state judge, and a former state legislator. On appeal, defendant claims that he is entitled to a new trial due to procedural errors. The court concluded that the district court did not plainly err by overruling defendant's motions to suppress intercepted wire communications and the evidence obtained from them; the court rejected defendant's challenges to the jury instructions; and the prejudicial effect of the Government's referral to the judge's guilty plea in its rebuttal closing argument does not rise to the level necessary to establish reversible plain error. Accordingly, the court affirmed the judgment. View "United States v. Rosenthal" on Justia Law