Justia Criminal Law Opinion Summaries

Darion Benjamin Woods pleaded guilty to damaging the property of a foreign official in the United States. Woods and his co-defendant broke into the British Consul General’s family home in Houston, Texas, stealing various items and causing over $50,000 in damages. Woods was arrested and charged with one count of damaging property occupied by a foreign official. He pleaded guilty without a plea agreement. The presentence investigation report calculated Woods’s Guidelines imprisonment range at 12 to 18 months. Woods objected to the report, seeking a two-level reduction for acceptance of responsibility.The district court awarded Woods’s requested two-point reduction for acceptance of responsibility and calculated the Guidelines range at 8–14 months. However, the court varied upwards and sentenced Woods to 30 months in prison. The court concluded that this sentence was necessary to satisfy the 3553(a) factors and to protect the community given Woods’s prior criminal history. The court also ordered Woods to pay $56,636.15 in restitution and imposed a 3-year term of supervised release. Woods timely appealed, arguing that his above-Guidelines sentence is substantively unreasonable and that the condition in the written judgment that he must “refrain from the excessive use of alcohol” conflicts with the oral pronouncement that “while in the program, he’s not to consume alcohol excessively.”The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court found that the district court did not abuse its discretion in sentencing Woods to 30 months in prison, which was above the Guidelines range. The court also found that the written condition of supervised release that Woods must "refrain from the excessive use of alcohol" conflicted with the oral pronouncement that "while in the program, he’s not to consume alcohol excessively." The court modified the sentence to reflect that while Woods is in the drug-treatment program, he’s not to consume alcohol excessively. View "United States v. Woods" on Justia Law

Albert McNeal, a convicted felon, pleaded guilty to possession of a firearm, violating federal law. He had a significant criminal history, including 18 convictions, seven of which were felonies, many involving violence and weapon use. His current conviction stemmed from an alleged aggravated assault with a deadly weapon and murder related to two separate shootings. The district court sentenced him to 60 months of incarceration and a three-year term of supervised release. McNeal challenged this sentence as procedurally erroneous.Prior to sentencing, the Probation Office recommended a four-point enhancement for using a weapon in connection with another felony offense. McNeal objected to this enhancement. The district court, however, decided that the Guidelines, with or without the enhancement, did not accurately reflect McNeal’s criminal history and the nature of his offense. The court concluded a variance was necessary to satisfy the sentencing factors. It declined to rule on the objection to the enhancement as unnecessary and chose a 60-month sentence that fell outside of the Guidelines system.McNeal appealed, arguing that his sentence was procedurally unreasonable because the district court did not rule on his objection to the enhancement. He contended that the court could not have calculated the applicable Guidelines range without ruling on the enhancement, making the court’s variance decision procedurally improper. The United States Court of Appeals for the Fifth Circuit disagreed, stating that the district court did calculate the applicable Guideline range and that any error was harmless. The court affirmed the district court's decision, stating that the district court made clear its decision to vary from the Guidelines. View "USA v. Mcneal" on Justia Law

Rudy Naranjo, a federal prisoner, was serving concurrent 360-month sentences for multiple drug conspiracy offenses involving crack and powder cocaine, and a consecutive 120-month sentence for using and possessing a semiautomatic weapon in furtherance of the drug crime. He moved under Section 404 of the First Step Act of 2018 seeking a sentence reduction, which the district court denied. Naranjo then filed a second Section 404 motion. The district court dismissed that motion for lack of jurisdiction under Section 404(c) and, alternatively, denied the motion on the merits.Previously, Naranjo had been indicted on four counts of conspiring to and possessing with the intent to distribute crack and powder cocaine, and for knowingly using and possessing a semiautomatic weapon in furtherance of a drug trafficking crime. He was found guilty on all counts. After a series of post-conviction proceedings and appeals, Naranjo filed several motions challenging his sentence under the Fair Sentencing Act of 2010, all of which were denied. He then filed his first motion seeking relief under Section 404 of the First Step Act, arguing he was eligible for a sentence reduction. The district court denied this motion, concluding that Naranjo did not qualify for relief under the Fair Sentencing Act.In the United States Court of Appeals for the Fifth Circuit, Naranjo asserted that the district court erred when dismissing his second Section 404 motion for lack of jurisdiction. He also alleged that the district court should have reduced his sentence for his powder cocaine offense and should have analyzed the “full slate” of his arguments. The Court of Appeals held that Section 404(c) is a mandatory claim-processing rule, not a jurisdictional bar as the district court assumed. However, the Court of Appeals affirmed the district court's decision, concluding that Section 404(c)’s limitation on multiple motions must be enforced to bar Naranjo’s second Section 404 motion. View "USA v. Naranjo" on Justia Law

Buzzy Martinez was arrested and charged with transporting undocumented aliens hidden in his tractor-trailer after a U.S. Border Patrol (USBP) canine alerted to the vehicle. Martinez argued that the canine’s alerts could not provide the handler with the necessary reasonable suspicion to extend the stop of his vehicle and probable cause to search it because dogs are unable to reliably differentiate between the scents of a vehicle’s driver and concealed humans within the vehicle. The district court denied Martinez’s motion to suppress the evidence gathered from his vehicle, and he pleaded guilty while preserving his right to appeal the suppression ruling.The district court found that the USBP canine and its handler were adequately trained and certified to detect concealed humans, and that dogs are capable of detecting concealed humans. The court concluded that the canine’s alerts and indications were reliable, providing reasonable suspicion to extend the stop for a second sniff, and probable cause to search Martinez’s tractor-trailer after Martinez was removed from the vehicle. Martinez was sentenced to eighteen months in prison, followed by a term of supervised release of three years, and he appealed the ruling.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court held that the district court's finding that the canine was reliable in detecting concealed humans was not clearly erroneous. The court also noted that the canine was trained and certified to detect both concealed humans and controlled substances, and Martinez did not contest the canine's ability to detect controlled substances. Therefore, the canine's alert provided the handler with reasonable suspicion to investigate for and probable cause to search for controlled substances. The court concluded that the canine's alerts and indications at the primary inspection point provided reasonable suspicion to extend the stop and investigate for concealed humans, and at the secondary inspection point, after Martinez exited the vehicle and stated no one else was inside, the canine's continued alerts to the cab area of Martinez’s tractor-trailer provided probable cause to search the cab for concealed humans. View "United States v. Martinez" on Justia Law

Dr. Randy Lamartiniere, an internal medicine doctor, was convicted of twenty counts of unlawful distribution of controlled substances. Lamartiniere had been practicing medicine for approximately thirty years and had a growing number of chronic pain patients. Concerns arose about his management of opioid and narcotic prescriptions and his inability to maintain timely patient records, leading to his termination from a clinic. He then opened his own practice, where a significant portion of his patients were pain management patients. The Drug Enforcement Administration (DEA) launched an investigation into his prescription practices, which included undercover agents posing as chronic pain patients. Lamartiniere was subsequently charged with twenty-eight counts of unlawful distribution of Schedule II controlled substances.At trial, the Government presented evidence from Lamartiniere’s former patients, undercover agents, and expert witnesses. Lamartiniere testified in his own defense, arguing that he was genuinely trying to treat his patients' legitimate medical conditions. The jury convicted Lamartiniere on twenty counts, and he was sentenced to 180 months per count, to run concurrently. Lamartiniere appealed, challenging the jury instructions and the sufficiency of the evidence supporting his convictions. The United States Court of Appeals for the Fifth Circuit affirmed the convictions, finding no reversible error. View "United States v. Lamartiniere" on Justia Law

The case involves Elliott Sterling, who was convicted for engaging in a fraudulent scheme to obtain loan and grant funds from the Department of Education’s Federal Student Aid Program. Sterling submitted fraudulent applications on behalf of students, both real and fictional, and also committed fraud in connection with his educational consulting business. He was indicted for multiple counts of wire fraud, financial aid fraud, and engaging in monetary transactions involving property derived from specified unlawful activity. Sterling chose to represent himself during the trial after his request for a new counsel was denied.The district court found Sterling competent to waive his right to counsel and allowed him to proceed pro se in his defense. After a 9-day jury trial, Sterling was convicted on all counts. He was sentenced to 132 months of imprisonment, followed by a 3-year term of supervised release. Sterling appealed, raising several Sixth Amendment claims.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court found no merit in Sterling’s procedural or substantive challenges. It held that Sterling's waiver of counsel was clear, unequivocal, and voluntary, and that he was competent to represent himself at trial. The court also found that the district court did not err in allowing Sterling to represent himself at his own competency hearing, and that the district court's determination of Sterling's competence did not constitute an abuse of discretion. View "United States v. Sterling" on Justia Law

The case involves Thomas Perkins, who was convicted of one count of distributing child pornography and eight counts of possessing devices containing child pornography. Perkins, who has mental health issues, was deemed competent to stand trial by the district court. He was sentenced to over 157 years in prison, a significant upward variance from the guideline range. Perkins appealed, challenging both the competency determination and the reasonableness of his sentence.Perkins was initially charged with possession and distribution of child pornography. His counsel filed a motion for a mental examination, which was granted. Perkins was evaluated by a psychologist who determined that he was competent to stand trial. Perkins filed a motion for a second competency hearing, supported by a report from a psychologist retained by the defense, who diagnosed Perkins with bipolar-type schizoaffective disorder and autism. The government then moved for another psychological examination. Perkins was evaluated by a second psychologist, who determined that Perkins did not have a mental disease that rendered him unable to understand the nature of the charges or the consequences of the proceeding or to assist in his defense.The United States Court of Appeals for the Fifth Circuit affirmed the conviction but vacated the sentence. The court found that the district court's determination of Perkins's competency was not clearly arbitrary or unwarranted. However, the court found that the district court erred in its sentencing, as it did not provide a sufficient explanation for the significant upward variance from the guideline range. The case was remanded for resentencing. View "United States v. Perkins" on Justia Law

Kyle Lamar West was charged with seven counts of production of child pornography. He negotiated a plea agreement, pleading guilty to two counts in exchange for the dismissal of the other five. The plea agreement included a waiver of most of his appellate rights, but reserved the right to appeal a sentence exceeding the statutory maximum punishment. The probation office recommended a sentence of 720 months of imprisonment and $6,000 in restitution to the victim's mother. The district court adopted these recommendations.West appealed the restitution part of his sentence, arguing that the district court failed to conduct a proximate-cause analysis as required by precedent. The United States Court of Appeals for the Fifth Circuit reviewed the case. The court noted that the district court had cited inapplicable statutes and had not conducted a proximate-cause analysis. The court also noted that the record lacked any dollar amount or range approximating the amount of the victim's losses.The Court of Appeals found that the district court's failure to conduct a proximate-cause analysis was a clear and obvious error. The court also found that this error affected West's substantial rights and undermined the fairness, integrity, and public reputation of judicial proceedings. The court concluded that the district court had plainly erred by failing to connect West's offense conduct to the loss suffered by the victim.The Court of Appeals vacated the district court's restitution order and remanded the case for further proceedings consistent with its opinion. The court noted that on remand, the district court could determine whether the government could present new evidence justifying the order of restitution. View "United States v. West" on Justia Law

In September 2020, George Fluitt was indicted on three counts of fraud and offering kickbacks related to genetic testing services that his company, Specialty Drug Testing LLC, provided to Medicare beneficiaries. As part of a nationwide investigation into genetic testing fraud, the Government executed search warrants at laboratories referred to as the Hurricane Shoals Entities (“HSE”), allegedly operated by Khalid Satary. The Government copied several terabytes of data from HSE, some of which were later determined to be material to Fluitt’s defense.In the lower courts, the Government established a “Filter Team” to review materials seized in its investigation and identify any that might be privileged. The Filter Team’s review was governed in part by a Protocol Order, which established a multi-step process for notifying a third party that it might have a claim of privilege and then adjudicating that claim. HSE and Satary provided privilege logs to the Filter Team, asserting thousands of claims of privilege. Both Fluitt and the Filter Team found these privilege logs to be facially deficient as they made only threadbare assertions of privilege, without any accompanying explanation.In the United States Court of Appeals Fifth Circuit, the court affirmed the lower court's decision. The court found that the appellants failed to establish their claims of privilege. The court also found that the appellants' argument that they are not bound by the Protocol Order was a red herring, as the magistrate judge evaluated the appellants’ privilege logs under the standards established by federal caselaw. The court also rejected the appellants' argument that Fluitt “has not shown a need for the documents” and has not “demonstrated any kind of relevancy.” The court found that the record suggests that Fluitt “has a need” for the potentially privileged documents, as the Government determined that the potentially privileged materials were material to preparing Fluitt’s defense. View "United States v. Fluitt" on Justia Law

The case involves Maria E. Garcia and Liang Guo Yu, who were convicted for money laundering. The charges stemmed from their involvement with the Villalobos drug trafficking organization (DTO) in Houston, Texas. The DTO was known for moving hundreds of kilograms of cocaine and making yearly profits in the millions. Garcia and Yu were implicated in the seizure of large sums of cash during two separate searches. They were charged with conspiring to launder monetary instruments and aiding and abetting money laundering. Both defendants appealed their convictions, arguing that the evidence was insufficient to prove beyond a reasonable doubt that they committed the offenses.Prior to their trial, the defendants had their motions for a new trial and to suppress denied by the district court. At trial, the government presented testimony from ten witnesses and introduced dozens of exhibits. The jury found Garcia and Yu guilty of both charges. Post-trial, the district court denied all three motions for a new trial and for a judgment of acquittal. Garcia was sentenced to two concurrent 78-month terms of imprisonment and two concurrent 3-year terms of supervised release. Yu was sentenced to two concurrent 151-month terms of imprisonment and two concurrent 3-year terms of supervised release.The United States Court of Appeals for the Fifth Circuit affirmed the judgments of the district court. The court found that the evidence presented at trial was sufficient to prove the defendants' guilt beyond a reasonable doubt. The court also held that the district court did not err in assessing a sentencing enhancement for Garcia and in denying Yu's motion to suppress without conducting an evidentiary hearing. The court further held that the district court did not err in denying Yu's motion for a new trial as untimely. View "USA v. Garcia" on Justia Law