Justia Criminal Law Opinion Summaries

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

Joseph Terrell Goody, a documented gang member with a lengthy criminal history, was convicted of possession of a firearm by a felon. His criminal record includes convictions for cocaine possession, robbery, assault, deadly conduct, evading arrest, and burglary. On September 26, 2020, Goody was pulled over for traffic violations, and officers found cocaine, methamphetamine, and a suspicious guitar case in his car. The case contained a loaded rifle. Goody was arrested and later pleaded guilty to violations of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).The United States District Court for the Southern District of Texas sentenced Goody to 57 months of imprisonment and two years of supervised release, with a special condition prohibiting him from associating with gang members. Goody appealed his conviction and the supervised-release condition.The United States Court of Appeals for the Fifth Circuit reviewed the case. Goody raised three arguments on appeal: the facial unconstitutionality of the felon-in-possession ban under the Second Amendment, a violation of the equal protection principle under the Fifth Amendment, and the vagueness of the supervised-release condition. The court rejected all three arguments. It upheld the constitutionality of the felon-in-possession ban, found no merit in the equal protection claim, and determined that the supervised-release condition was not plainly erroneous. The court noted that similar conditions have been routinely imposed and upheld by other courts. Consequently, the Fifth Circuit affirmed the district court's judgment. View "United States v. Goody" on Justia Law

Detective Genaro Hernandez, a Dallas Police Department detective, was involved in a shooting investigation outside The Green Elephant bar in August 2019. Hernandez, who also worked for the Stainback Organization, allegedly pursued false charges against the bar's owner, Shannon McKinnon, and a security guard, Guadalupe Frias, to benefit his private employer. Despite the Special Investigation Unit finding no criminal offense by the plaintiffs, Hernandez bypassed standard procedures and directly sought prosecution from the Dallas County District Attorney’s Office, leading to the plaintiffs' indictment for tampering with evidence. The charges were later dropped when Hernandez's conflict of interest was revealed during Frias's trial.The plaintiffs filed a lawsuit against Hernandez, alleging federal claims under 42 U.S.C. § 1983 for false arrest and malicious prosecution, and state-law claims for malicious prosecution, false imprisonment, and civil conspiracy. The United States District Court for the Northern District of Texas dismissed the federal malicious-prosecution claim but allowed the federal false-arrest claim and the state-law claims to proceed. Hernandez appealed, arguing he was entitled to governmental immunity under the Texas Tort Claims Act.The United States Court of Appeals for the Fifth Circuit reviewed the case and determined that Hernandez's actions, despite being motivated by personal interests, fell within the scope of his employment as a detective. The court held that Texas law provides broad immunity to state actors for actions within their employment scope, regardless of intent. Consequently, the court reversed the district court's decision denying dismissal of the state-law claims and remanded the case for further proceedings on the remaining federal claim. View "Frias v. Hernandez" on Justia Law

Sidney Kimble was convicted of two drug-trafficking felonies. After serving his sentences, he was found in possession of a handgun and charged under 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. Kimble argued that this lifelong prohibition violated his Second Amendment rights.The United States District Court for the Western District of Texas denied Kimble's motion to dismiss the indictment, stating that the Supreme Court's decision in New York State Rifle & Pistol Ass’n v. Bruen did not overrule Fifth Circuit precedent upholding the constitutionality of § 922(g)(1). Kimble then pleaded guilty but retained the right to appeal the constitutionality of the statute.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court held that § 922(g)(1) is constitutional as applied to Kimble. The court reasoned that the Second Amendment allows Congress to disarm individuals deemed dangerous, and drug trafficking is inherently dangerous. The court found that historical and legal precedents support the disarmament of individuals involved in drug trafficking due to the intrinsic violence associated with the drug trade. Therefore, the court affirmed Kimble's conviction under § 922(g)(1). View "USA v. Kimble" on Justia Law

Dr. Brian Carpenter was involved in a scheme to defraud TRICARE, the Department of Defense’s health insurance program. The scheme was orchestrated by Britt and Matt Hawrylak, who hired sub-reps to obtain medical information about TRICARE beneficiaries and identify doctors willing to write unnecessary prescriptions for compounded medications. These prescriptions were filled by Rxpress Pharmacy, which billed TRICARE at high rates. Carpenter, a podiatrist, was recruited by his co-defendant Jerry Hawrylak to write these prescriptions. Carpenter initially refused but later agreed to write prescriptions without receiving payment, claiming it was to help veterans. However, evidence showed that Carpenter's prescriptions were highly profitable for the Hawrylak brothers and Jerry, who made millions from the scheme.In September 2019, Carpenter and Jerry were indicted on six counts of healthcare fraud and one count of conspiracy to commit healthcare fraud. They were convicted on all counts in April 2023 by the United States District Court for the Northern District of Texas. Carpenter appealed, raising several issues, including the district court’s decision to excuse a juror mid-trial.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the district court abused its discretion by excusing a juror after the first day of trial without a legally relevant reason or factual basis. The juror was excused based on an email from her principal stating that her absence would cause hardship for her school, but there was no indication that the juror was unable to perform her duties. The appellate court held that this error was prejudicial and required vacating Carpenter’s convictions. The court remanded the case for a new trial. View "United States v. Carpenter" on Justia Law