Justia Criminal Law Opinion Summaries

Ernest Clark, while on probation for a Louisiana felony conviction of aggravated assault with a firearm, was found in possession of a firearm. He was indicted for violating 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. Clark moved to dismiss the indictment, arguing that the statute was unconstitutional as applied to him under the Second Amendment, violated the Fifth Amendment’s equal protection guarantee, and exceeded Congress’s authority under the Commerce Clause. The district court denied his motion. Clark then pleaded guilty pursuant to a plea agreement, which included a waiver of most appellate rights except for a direct appeal of the district court’s order denying his motion to dismiss under the Second Amendment, as interpreted in New York State Rifle & Pistol Ass’n v. Bruen.The United States District Court for the Southern District of Mississippi sentenced Clark to 64 months in prison and three years of supervised release. On appeal to the United States Court of Appeals for the Fifth Circuit, Clark raised several claims, but acknowledged that most were foreclosed or waived by his plea agreement, except for his as-applied Second Amendment challenge and his Fifth Amendment equal protection claim.The United States Court of Appeals for the Fifth Circuit held that disarming individuals convicted of violent felonies, such as aggravated assault with a firearm, and those found in possession of a firearm while on probation, is consistent with the nation’s historical tradition of firearm regulation. The court relied on its own recent precedents to conclude that Clark’s as-applied Second Amendment challenge failed. The court also found that Clark’s equal protection claim was waived by his plea agreement. Accordingly, the Fifth Circuit affirmed the judgment of conviction. View "USA v. Clark" on Justia Law

The defendant pleaded guilty to being a felon in possession of a firearm and possession of a machinegun, both federal offenses. His sentence was calculated using a higher base offense level under the United States Sentencing Guidelines because of a prior Louisiana armed robbery conviction, which the district court classified as a “crime of violence.” The defendant did not object to this classification at sentencing but later argued on appeal that Louisiana armed robbery, as a general intent crime, should not qualify as a crime of violence under the Guidelines. He also contended that the district court’s written judgment conflicted with its oral pronouncement regarding special conditions of supervised release and the crediting of presentence detention time.The United States District Court for the Eastern District of Louisiana accepted the presentence investigation report’s calculation, which set the base offense level at 22, resulting in a sentencing range of 57 to 71 months. The court sentenced the defendant to 71 months. The defendant did not object to the Guidelines calculation or the written judgment at the time of sentencing. On appeal, he raised these issues for the first time.The United States Court of Appeals for the Fifth Circuit reviewed the sentencing calculation for plain error and found no clear or obvious error in classifying Louisiana armed robbery as a crime of violence under the Guidelines, given the current state of the law. The court affirmed the district court’s base offense level determination. However, the appellate court found that the written judgment conflicted with the oral pronouncement regarding special conditions of supervised release and the treatment of presentence detention credit. The court remanded the case to the district court to modify the written judgment to conform to the oral pronouncement and to clarify its intent regarding credit for time served before sentencing. View "United States v. King" on Justia Law

A sheriff’s deputy in Brewster County, Texas, observed a pickup truck towing a horse trailer near a border patrol checkpoint during a shift change—a time and place known for smuggling activity. The deputy recognized the driver, who had previously been identified as a possible smuggler. Without being signaled or ordered, the driver pulled over to the shoulder, and the deputy parked behind him. During a casual conversation, the deputy noticed an open alcohol container in the truck. The driver gave inconsistent and suspicious answers about the trailer’s contents and ownership, and after further questioning, eventually admitted that there were people hidden in the locked compartment of the trailer. The deputy then discovered three undocumented immigrants inside.The United States District Court for the Western District of Texas denied the defendant’s motion to suppress the evidence, finding that the defendant had been seized with reasonable suspicion and that his consent to search the trailer attenuated any taint from the deputy’s actions. The defendant pleaded guilty to one count of transporting illegal aliens but reserved the right to appeal the suppression ruling.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s factual findings for clear error and legal conclusions de novo. The appellate court held that there was no Fourth Amendment violation. It found that the initial encounter was consensual, that the deputy’s actions did not constitute a seizure until reasonable suspicion had developed, and that the deputy’s incidental contact with the truck did not amount to a trespassory search. The court also determined that the discovery of the open alcohol container was lawful and that the subsequent evidence was not subject to suppression. The Fifth Circuit affirmed the district court’s judgment. View "USA v. Larremore" on Justia Law

Ronald Donell Brown led a drug trafficking organization that transported large quantities of cocaine and marijuana from Houston, Texas, to Atlanta, Georgia. In 2014, after a shipment of cocaine was stolen, Brown believed two associates were responsible and sought to retaliate. He and others kidnapped one associate, Eric Williams, who escaped, but was later shot and wounded by Brown. Brown then orchestrated the murder of the second associate, Marcus Celestine, by providing information and a weapon to intermediaries, resulting in Celestine’s death outside a parole office. Brown was arrested in 2017 on unrelated charges and later indicted federally on multiple counts, including conspiracy to commit murder for hire, intentional killing during drug trafficking, and firearm offenses related to crimes of violence.The United States District Court for the Southern District of Texas denied Brown’s motion to suppress evidence, finding that communications involving a confidential informant and Brown’s attorneys were not protected by attorney-client privilege, and that Brown’s Sixth Amendment rights had not been violated because the government’s alleged intrusion occurred before adversarial proceedings began. At trial, Brown was convicted on several counts. The government later moved to dismiss two firearm-related counts (Counts Three and Four) after trial, citing double jeopardy concerns. The district court granted this motion, denied Brown’s request for a continuance to respond, and sentenced him to life imprisonment on the remaining counts.The United States Court of Appeals for the Fifth Circuit affirmed the district court’s denial of Brown’s motion to suppress, holding that the attorney-client privilege did not apply and that no Sixth Amendment violation occurred. However, the appellate court vacated the district court’s dismissal of Counts Three and Four and the sentences for Counts One and Two, holding that the district court, not the government, must exercise its discretion to determine which multiplicitous convictions to dismiss and then resentence accordingly. The case was remanded for that purpose. View "USA v. Brown" on Justia Law

A woman was stopped by a county deputy in Texas around 2:00 AM after the officer claimed to observe multiple traffic violations, including speeding and failing to maintain a single lane. The woman, who had just left a family event with her husband, denied any wrongdoing and began recording the encounter on her phone. The officer reported smelling alcohol and observing signs of intoxication, such as slurred speech and glossy eyes. The woman refused to answer certain questions or perform field sobriety tests, leading to her arrest. Body camera footage later showed her being uncooperative and verbally abusive during the arrest and subsequent blood draw at the jail. A blood test revealed a low blood alcohol content, and the criminal charge was later dismissed for insufficient evidence.The United States District Court for the Western District of Texas granted summary judgment in favor of the county and the arresting officer on all claims. The court found that the officer was entitled to qualified immunity and that there was probable cause for the arrest based on the totality of the circumstances, including the officer’s observations and the woman’s refusal to cooperate. The court also rejected claims of First Amendment retaliation, malicious prosecution, and excessive force, as well as Monell claims against the county for alleged unconstitutional policies.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s evidentiary rulings and summary judgment de novo. The appellate court affirmed the district court’s judgment, holding that the officer had probable cause to arrest for driving while intoxicated, that the woman failed to show a constitutional violation necessary for her claims, and that the county could not be held liable under Monell without an underlying constitutional violation. The court also found no abuse of discretion in the district court’s evidentiary decisions. View "Wood v. Bexar County" on Justia Law

The defendant, a Mexican citizen, was first brought to the United States as a child. He was discovered by federal officials in Texas in 2015 and deported later that year. In 2020, he was again found in the United States and arrested on outstanding warrants. He was convicted in state court for drug-related offenses and sentenced to five years in prison. While serving this sentence, he was screened by immigration authorities and subsequently indicted for illegal reentry under 8 U.S.C. § 1326(a). In 2024, he pleaded guilty to the federal charge without a plea agreement. The district court sentenced him to 24 months in prison and one year of supervised release, adopting special conditions recommended in the Presentence Investigation Report (PSR), including requirements to report to immigration authorities and seek work authorization.The United States District Court for the Southern District of Texas confirmed at sentencing that the defendant and his counsel had reviewed the PSR, which contained the special conditions. The court orally adopted the PSR and its appendix, imposed the recommended conditions, and provided the defendant an opportunity to object. The defendant’s counsel objected only to the relationship between the federal and state offenses, not to the special conditions. The written judgment included all the conditions from the PSR. The defendant appealed, arguing that the written judgment conflicted with the oral pronouncement regarding the special conditions of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case for plain error, as the defendant had notice and an opportunity to object at sentencing but did not do so. The court held that the district court satisfied the oral-pronouncement requirement by adopting the PSR and providing notice and opportunity to object. Therefore, there was no conflict between the written judgment and the oral pronouncement, and the judgment of the district court was affirmed. View "USA v. Quezada-Atayde" on Justia Law

The defendant, who had a prior Louisiana felony conviction for illegal use of a weapon stemming from a drive-by shooting in 2021, was released on parole in March 2023. One month later, he was found as a passenger in a vehicle stopped for a traffic violation, where police discovered four loaded firearms, including one reported stolen. He was charged with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and with possessing unregistered firearms under 26 U.S.C. § 5861(d).In the United States District Court for the Western District of Louisiana, the defendant moved to dismiss both counts, arguing that the statutes were unconstitutional both facially and as applied to him. The district court denied the motion, holding that convicted felons are not protected by the Second Amendment and that the statutes align with the nation’s historical tradition of firearm regulation. The defendant then pleaded guilty to the felon-in-possession charge in exchange for dismissal of the other count, preserving his right to appeal the denial of his motion to dismiss.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the preserved as-applied constitutional challenge de novo. The court held that, under current precedent, the statute’s facial constitutionality was foreclosed. Addressing the as-applied challenge, the court found that the defendant’s prior conviction qualified as a predicate felony and that the government had identified relevant historical analogues—specifically, founding-era “going armed” laws that imposed similar burdens and justifications. The court concluded that 18 U.S.C. § 922(g)(1), as applied to the defendant, is consistent with the Second Amendment and the nation’s historical tradition of firearm regulation. The Fifth Circuit affirmed the district court’s judgment. View "USA v. Morgan" on Justia Law

Ismael Adan Ortiz-Rodriguez, a non-citizen, was removed from the United States in 2017 following expedited removal proceedings initiated by DHS. In 2023, he was convicted of illegal reentry under 8 U.S.C. § 1326(a). Before trial, Ortiz-Rodriguez moved to dismiss his indictment by collaterally attacking his 2017 deportation order under 8 U.S.C. § 1326(d), arguing that his expedited removal involved an unknowing and involuntary waiver of judicial review and violated his due process rights. The district court denied his motion.The United States District Court for the Western District of Texas found Ortiz-Rodriguez guilty and sentenced him to fifty-one months of imprisonment. He appealed the decision, arguing that his 2017 expedited removal proceedings were fundamentally unfair and deprived him of judicial review. The district court also revoked his supervised release from a prior § 1326 prosecution, sentencing him to an additional fourteen months of imprisonment.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court’s judgment. The court held that Ortiz-Rodriguez did not satisfy the requirements of 8 U.S.C. § 1326(d) because he failed to show that the 2017 expedited removal proceedings deprived him of the opportunity for judicial review or that the entry of the order was fundamentally unfair. The court noted that Ortiz-Rodriguez had the right to appeal his expedited removal but did not do so, and his waiver of the right to appeal was considered and intelligent. Additionally, the court found that changes in substantive law after his removal did not render the proceedings fundamentally unfair or procedurally deficient. View "United States v. Ortiz-Rodriguez" on Justia Law

In 2017, Darrell Wickware was convicted of robbery under Texas law and sentenced to three years in prison. In May 2021, he was found with a 9-millimeter pistol and charged with unlawful possession of a firearm by a convicted felon. In January 2022, he was indicted for violations of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and pleaded guilty. At his sentencing hearing in June 2024, Wickware argued that his prior robbery conviction did not qualify as a "crime of violence" under the amended Sentencing Guidelines. The district court, bound by Fifth Circuit precedent, sentenced him to 24 months in prison. Wickware appealed.The United States District Court for the Northern District of Texas ruled that Wickware's robbery conviction was a crime of violence under the Sentencing Guidelines. Wickware appealed, arguing that amendments to the Guidelines changed the characterization of his robbery conviction. The district court disagreed, stating it was bound by Fifth Circuit precedent, and sentenced Wickware to 24 months in prison.The United States Court of Appeals for the Fifth Circuit reviewed the case. Wickware contended that the district court erred in finding his argument foreclosed by circuit precedent. The Fifth Circuit examined the elements of Texas robbery and the amended Guidelines' definition of robbery. The court found that the elements of Texas robbery were the same or narrower than those of the Guidelines' generic robbery offense. Consequently, the court held that Wickware's Texas robbery conviction constituted a "crime of violence" under U.S.S.G. § 4B1.2(a)(2). The Fifth Circuit affirmed the district court's decision. View "United States v. Wickware" on Justia Law

Federal agents stopped Damion Wilson on March 16, 2022, suspecting he was carrying a concealed firearm. Deputy U.S. Marshal Michael Atkins noticed a bulge in Wilson’s waist area, which he believed to be a firearm. Wilson admitted he was armed and did not have a concealed weapons permit. The agents arrested Wilson for carrying a firearm without a permit and found marijuana in his backpack. A subsequent search of Wilson’s apartment revealed more marijuana, drug paraphernalia, and cash. Wilson was indicted on six counts, including drug possession with intent to distribute, possession of a handgun in furtherance of a drug trafficking crime, maintaining a drug-involved premises, and making a false statement to a federal agent.The United States District Court for the Eastern District of Louisiana denied Wilson’s motion to suppress the evidence obtained from the stop and arrest, finding the agents had reasonable suspicion based on the bulge in Wilson’s waistband. The court also held that the contents of Wilson’s backpack would have been inevitably discovered through an inventory search. Wilson was convicted on four counts and sentenced to 87 months in prison.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that police cannot stop a citizen solely for carrying a firearm, but upheld the stop on other grounds, noting the agents had reasonable suspicion based on Wilson’s connection to a federal fugitive and his criminal history. The court affirmed the district court’s judgment, rejecting Wilson’s challenges to his conviction and sentence. The court found no plain error in the district court’s evidentiary rulings or the prosecutor’s statements during trial, and upheld the application of the obstruction-of-justice guideline in calculating Wilson’s sentence. View "United States v. Wilson" on Justia Law