Justia Criminal Law Opinion Summaries

The Fifth Circuit affirmed the district court's dismissal of plaintiff's motion for post-conviction relief under 28 U.S.C. 2255(f)(4). The court held that the facts underlying defendant's claim -- that defense counsel was ineffective for failing to file defendant's appeal -- could have been discovered through the exercise of diligence at least one year before defendant filed for habeas relief. In this case, defendant's characterizations of the facts before the district court did not justify a determination that his habeas petition was timely under section 2255(f)(4). View "United States v. Rodriguez" on Justia Law

Defendant conditionally pleaded guilty to possession with intent to distribute 500 grams or more of methamphetamine and aiding and abetting. The Fifth Circuit affirmed the district court's denial of defendant's motion to suppress, holding that the totality of the circumstances surrounding the turn-signal violation provided the requisite reasonable suspicion to stop defendant's vehicle, and the collective knowledge doctrine provided the grounds for imputation of that information to another officer. The court also held that Beckles v. United States, 137 S. Ct. 886 (2017), foreclosed defendant's argument that remand of his career offender sentence was required under the reasoning of United States v. Johnson, 135 S. Ct. 2551 (2015). However, the court held that defendant's prior Texas conviction for delivery of a controlled substance cannot serve as a predicate offense for purposes of USSG 4B1.1's enhancement in light of United States v. Hinkle, 832 F.3d 569 (5th Cir. 2016), and Mathis v. United States, 136 S. Ct. 2243 (2016). Because such error affected defendant's substantial rights, the court vacated the sentence and remanded for resentencing. View "United States v. Zuniga" on Justia Law