Justia Criminal Law Opinion Summaries

John Gabriel Trevino, a 32-year-old man, engaged in a sexual relationship with a 14-year-old child. He was charged with production of child pornography, enticement of a minor, and possession of child pornography. Trevino pled guilty to one count of production of child pornography and was sentenced to 235 months in prison followed by 25 years of supervised release. The district court included 13 standard conditions of supervised release in the written judgment, which were not orally pronounced at sentencing.The United States District Court for the Northern District of Texas initially sentenced Trevino. Trevino appealed, arguing that the standard conditions were discretionary and should have been pronounced orally. The United States Court of Appeals for the Fifth Circuit agreed, vacated the judgment, and remanded the case to the district court to remove the unpronounced conditions. The district court issued an amended judgment omitting the standard conditions. Later, Trevino’s probation officer petitioned to reimpose the standard conditions, leading to a hearing where Trevino objected on several grounds.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the district court did not abuse its discretion in modifying the conditions of supervised release before the term began, as 18 U.S.C. § 3583(e)(2) allows such modifications. The court also found that the district court complied with the mandate rule by issuing an amended judgment and that the reimposition of the standard conditions did not violate the mandate. Additionally, the court rejected Trevino’s objections to Standard Condition No. 10, which prohibits firearm possession, finding it reasonably related to the factors in 18 U.S.C. § 3553(a) and not a greater deprivation of liberty than necessary. The court affirmed the district court’s judgment. View "U.S. v. Trevino" on Justia Law

Leon Stinson pled guilty to conspiracy to engage in bank fraud and was ordered to pay over $3.6 million in restitution. The Government sought to garnish assets, including retirement accounts solely in the name of Leon’s wife, Ellen. The district court concluded that Ellen’s accounts were marital property in which both Leon and Ellen had a “100% undivided interest” and ordered the liquidation of the accounts to satisfy the restitution order.The United States District Court for the Southern District of Mississippi denied Ellen’s motion to dismiss the writ of garnishment, asserting that Leon had no property interest in her accounts. The court held an evidentiary hearing and concluded that Ellen’s retirement accounts were marital property under Mississippi law, as defined in Hemsley v. Hemsley, and thus subject to garnishment.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that under Mississippi law, property is only classified as marital property during the equitable distribution process in a divorce. Until then, a person does not have an interest in property titled solely in their spouse’s name. The court found that the district court erred in concluding that Ellen’s accounts were marital property subject to garnishment. The Fifth Circuit reversed the district court’s orders and remanded with instructions to grant Ellen’s motion to dismiss the writ of garnishment as to her retirement accounts. View "USA v. Stinson" on Justia Law

Lorenzo Vazquez-Alba, a Mexican citizen, lawfully entered the United States in 1986 and became a legal permanent resident in 1987. In 2008, he was arrested in Dallas, Texas, for using a juvenile as a paid prostitute and supplying her with drugs. He pleaded guilty to aggravated assault causing serious bodily injury and was sentenced to five years of probation. In 2011, he pleaded guilty to aggravated sexual assault of a child under 14 and was sentenced to eight years in prison for both the 2008 and 2011 offenses. He lost his permanent resident status and was deported to Mexico in 2017. He later unlawfully reentered the U.S. and was arrested in 2022 for driving a stolen vehicle and failing to register as a sex offender.The United States District Court for the Northern District of Texas indicted Vazquez-Alba for illegal reentry and failure to register as a sex offender. He pleaded guilty to both counts. The presentence investigation report (PSR) calculated an advisory guideline range of 30 to 37 months’ imprisonment. Vazquez-Alba objected to the PSR’s grouping determination and the indictment’s failure to allege a prior aggravated felony. The district court overruled his objections and sentenced him to 45 months’ imprisonment.The United States Court of Appeals for the Fifth Circuit reviewed the case. Vazquez-Alba argued that his 2011 conviction was not an aggravated felony and that his counts should be grouped under U.S.S.G. § 3D1.2. The court held that his 2011 conviction for aggravated sexual assault of a child under 14 constituted an aggravated felony under 8 U.S.C. § 1326(b)(2). The court also found that the district court correctly declined to group the counts and properly treated his state-court sentences separately. The Fifth Circuit affirmed the district court’s judgment and sentence. View "USA v. Vazquez-Alba" on Justia Law

Elroy Wilkerson was convicted by a jury of producing and possessing child pornography for secretly taking photographs and videos of a 14-year-old girl in various stages of undress. The evidence included images and videos from Wilkerson’s cell phones showing the minor nude or partially nude in her bedroom and bathroom. Wilkerson admitted to taking some of the photos but claimed the girls were aware of it. The minor testified about her living situation and the layout of her bedroom and bathroom.The United States District Court for the Western District of Texas reviewed the case, where the jury found Wilkerson guilty of both counts. The district court sentenced him to 118 months’ imprisonment. Wilkerson appealed, arguing that the evidence was insufficient to support his convictions and that the jury was improperly instructed.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the evidence was sufficient to support the convictions, applying the definition of "lascivious exhibition" from United States v. Grimes and the six Dost factors. The court found that the images and videos met the criteria for "lascivious exhibition" based on their content and context, including the setting, poses, and Wilkerson’s comments in the videos. The court also held that the district court did not abuse its discretion in using the pattern jury instruction, which accurately reflected the statutory definitions and the relevant legal standards. The Fifth Circuit affirmed Wilkerson’s convictions. View "U.S. v. Wilkerson" on Justia Law

Johnell Lavell Barber was convicted of felony possession of a firearm under 18 U.S.C. § 922(g)(1) after he opened fire on two passing vehicles, injuring Eric Escalara and his ten-year-old daughter. Police arrested Barber at his wife Shiffon Wilson’s home, where they found him hiding. After initially refusing, Wilson later consented to a search of her home, leading to the discovery of several firearms and ammunition. Barber challenged his conviction on three grounds: invalid consent to the search, the unconstitutionality of § 922(g)(1) under the Second Amendment, and insufficient evidence to support his conviction.The United States District Court for the Eastern District of Texas denied Barber’s motion to suppress the evidence obtained from the search, finding that Wilson had voluntarily consented. At trial, multiple witnesses testified against Barber, including eyewitnesses who saw him with the AR-15 and forensic experts who found his DNA on the weapon and gunshot residue on his hands. The jury found Barber guilty, and he was sentenced to 120 months imprisonment.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that Wilson’s consent to the search was voluntary, as the police did not use coercion and adequately informed her of her rights. The court also upheld the constitutionality of § 922(g)(1), referencing Supreme Court precedent that laws disarming felons are presumptively lawful. Finally, the court found sufficient evidence to support Barber’s conviction, noting the presence of his DNA on the firearm, eyewitness testimony, and the firearm’s interstate travel history.The Fifth Circuit affirmed Barber’s conviction on all grounds. View "United States v. Barber" on Justia Law

Jessie Grace was convicted of second-degree murder in 1994 and sentenced to life in prison without the possibility of probation or parole. The Louisiana Fifth Circuit affirmed his conviction. Over the next 18 years, Grace filed several post-conviction relief applications, all of which were denied until 2012, when he was granted leave to reopen his federal proceedings based on newly discovered evidence. Grace obtained state grand jury testimony that revealed discrepancies between the grand jury and trial testimonies of two key witnesses: Sergeant Snow and Michelle Temple. These discrepancies suggested that another individual, Darrick Hudson, might have been involved in the crime.In 2015, Grace filed a third application for post-conviction relief in state trial court, alleging Brady violations based on the grand jury testimony. The state trial court granted his application, vacated his conviction, and ordered a new trial. The State appealed, and the Louisiana Fifth Circuit reversed the trial court's decision, reinstating Grace's life sentence. The Louisiana Supreme Court denied Grace's subsequent writ application in 2019. Grace then filed a second supplemental application in federal district court, asserting a Brady claim. The district court granted relief, but the United States Court of Appeals for the Fifth Circuit vacated the order and remanded for further proceedings.On remand, the district court again granted Grace's habeas relief, finding that the state court erred in its consideration of the materiality of the suppressed evidence. The State appealed, and the Fifth Circuit reviewed the case. The Fifth Circuit determined that the state court's decision was not an unreasonable application of clearly established federal law and that the suppressed evidence was not material enough to undermine confidence in the verdict. The Fifth Circuit reversed the district court's decision and denied Grace's application for habeas relief. View "Grace v. Hooper" on Justia Law

Charles Ray Lerma escaped from Dismas Charities, a residential reentry center, by jumping the facility’s exterior fence. He voluntarily returned the same day. Lerma was charged with one count of escape from custody under 18 U.S.C. § 751 and pleaded guilty. His presentence investigation report (PSR) classified his escape as from non-secure custody and applied a four-level reduction under U.S.S.G. § 2P1.1(b)(3) for not returning within ninety-six hours, resulting in a base offense level of seven.The United States District Court for the Western District of Texas reviewed the PSR and, considering Lerma’s extensive criminal history and the nature of the offense, decided to depart upward from the Sentencing Guidelines’ recommendation. The court sentenced Lerma to the statutory maximum, citing factors under 18 U.S.C. § 3553(a)(2) such as the need to promote respect for the law, provide just punishment, deter future criminal conduct, and protect the public. Lerma’s counsel objected, arguing that the sentence was procedurally and substantively unreasonable.The United States Court of Appeals for the Fifth Circuit reviewed the case. Lerma argued that the district court erred by not applying a seven-level reduction under U.S.S.G. § 2P1.1(b)(2) since he returned within ninety-six hours. The Fifth Circuit disagreed, holding that jumping a fence constitutes escape from secure custody, making Lerma ineligible for any reduction under § 2P1.1(b). The court also found that the district court adequately explained its reasoning for the upward variance and that the sentence was not substantively unreasonable. The Fifth Circuit affirmed Lerma’s sentence. View "USA v. Lerma" on Justia Law

Johnathan Avery pleaded guilty to coercing or enticing an individual to travel to engage in prostitution, violating 18 U.S.C. § 2422(a). Avery signed an acceptance of responsibility statement as part of his plea. His initial presentence report (PSR) incorrectly determined his base offense level to be 30, relying on a cross-reference that applies when the offense involves sexual abuse conduct. The PSR also assessed a four-level enhancement for conduct described in 18 U.S.C. § 2241(a). Avery objected, arguing that his plea did not involve such conduct.The United States District Court for the Southern District of Texas held two sentencing hearings. Initially, the judge agreed with the PSR’s recommendations, but after Avery’s counsel requested a hearing and threatened to withdraw the plea, the court sustained Avery’s objections. The court decided not to apply the enhancement or cross-reference for coercion and physical force. Instead, the court applied a different enhancement under § 2G1.1(b)(1) without informing Avery or his counsel beforehand. The court determined Avery’s offense level to be 15, resulting in a guideline range of 41 to 51 months, and sentenced him to 72 months imprisonment, a $100 mandatory special assessment, and a ten-year term of supervised release. Avery did not object at the time.The United States Court of Appeals for the Fifth Circuit reviewed the case. Avery argued that the district court erred by not informing him of the new enhancement and failing to make the requisite findings of fraud or coercion. The Fifth Circuit found no plain error, noting that Avery had agreed with the enhanced guideline range and that the district court could rely on the PSR’s factual findings. The court affirmed Avery’s sentence. View "United States v. Avery" on Justia Law

Adrian Dantrell Wesley was convicted of possession with intent to distribute controlled substances. At sentencing, he received a two-level enhancement under U.S.S.G. § 2D1.1(b)(12) for maintaining premises for the purpose of distributing a controlled substance. Wesley appealed the enhancement, arguing that there was no evidence he possessed or controlled the premises.The case originated when Fort Worth police received a tip about drug distribution at a residence on Griggs Avenue. A confidential informant purchased methamphetamine from Wesley at the residence. Subsequent police surveillance and searches revealed drugs, firearms, and other evidence linking Wesley to the premises. Wesley was indicted on multiple counts of possession with intent to distribute and firearm possession. He proceeded with a bench trial on stipulated facts for one count and was found guilty. The pre-sentence report included the premises enhancement, which Wesley contested, arguing lack of evidence of his control over the premises.The United States District Court for the Northern District of Texas overruled Wesley’s objection and applied the enhancement, finding that Wesley used the residence for drug distribution, had a key, and controlled access to the premises. Wesley appealed to the United States Court of Appeals for the Fifth Circuit.The Fifth Circuit reviewed the district court’s application of the Sentencing Guidelines de novo and its factual findings for clear error. The court affirmed the district court’s decision, holding that the evidence supported the finding that Wesley maintained the premises for drug distribution. The court noted that Wesley’s repeated use of the residence for drug transactions, possession of a key, and control over access to the premises justified the enhancement under § 2D1.1(b)(12). The court found no clear error in the district court’s determination and affirmed the application of the sentencing enhancement. View "United States v. Wesley" on Justia Law

Keith Todd Ashley, a licensed financial advisor, was charged and convicted on 17 counts of violating federal law, including mail and wire fraud, Hobbs Act robbery, and bank theft. He operated a Ponzi scheme and allegedly murdered one of his clients to steal funds from the client’s bank account and benefit from the client’s life insurance proceeds. The district court sentenced Ashley to 240 months’ imprisonment for each of 15 counts of wire and mail fraud and imposed life sentences for his convictions of Hobbs Act robbery and bank theft.In the United States District Court for the Eastern District of Texas, Ashley was found guilty on all counts presented. He filed motions for continuance and severance, which were denied by the district court. The jury found Ashley guilty on all counts, and the district court sentenced him accordingly. Ashley then appealed, challenging the sufficiency of the evidence for most of his convictions, the reasonableness of his sentence, and the denial of his motions for continuance and severance.The United States Court of Appeals for the Fifth Circuit reviewed the case. The government conceded that there was insufficient evidence to convict Ashley of five counts and that the life-sentence enhancement for his conviction of bank theft did not apply. The Fifth Circuit agreed, affirming some of Ashley’s convictions, vacating others, and remanding the case for resentencing and further proceedings. Specifically, the court affirmed Ashley’s convictions on Counts 1, 3, 14, and 19, vacated his convictions on Counts 2, 4, 5, 6, 9, 10, 11, 12, 13, 15, 16, and 18, and remanded for resentencing. The court also addressed Ashley’s challenges to the procedural and substantive reasonableness of his sentence and the cumulative error doctrine but found no reversible error in those respects. View "United States v. Ashley" on Justia Law