Justia Criminal Law Opinion Summaries

In 1998, Chuong Duong Tong was convicted of capital murder and sentenced to death in Texas for killing a police officer during a robbery. After exhausting his appeals in state court, Tong filed a federal habeas corpus petition. He argued that his trial counsel provided ineffective assistance by failing to investigate and present mitigating evidence of childhood sexual abuse. He also challenged the trial court's management of the jury selection process.The United States Court of Appeals for the Fifth Circuit concluded that Tong's claims were without merit. The court determined that Tong's claim of ineffective assistance was procedurally defaulted, meaning it was not properly raised in state court and therefore could not be considered in federal court. The court also rejected Tong's argument that the district court should have granted a stay to allow him to return to state court to exhaust this claim. Additionally, the court found that Tong's challenge to the jury selection process was procedurally defaulted and that he had not shown cause to excuse this default.In reaching these conclusions, the court noted that Tong's trial counsel had conducted a thorough investigation, including interviewing Tong and his family members, and had retained experts to assist with the case. The court also considered the fact that Tong had used his peremptory challenges during jury selection and had not identified any biased juror who was seated as a result of the change in procedure.Therefore, the court affirmed the district court's denial of Tong's request for a stay, denied his motion for an additional certificate of appealability on his ineffective assistance claim, and affirmed the denial of his writ of habeas corpus on his jury selection claim. View "Tong v. Lumpkin" on Justia Law

In the United States Court of Appeals for the Fifth Circuit, the case concerned the appeal of Taylor Chiasson against an above-guidelines sentence imposed by the district court. Chiasson was charged with being a felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1). He pled guilty to this offense. His Presentence Report (PSR) listed his extensive criminal history, including 14 prior adult convictions and 19 arrests from 2008 to 2020 that were either dismissed or had no recorded disposition. At the sentencing hearing, the district court varied upward by 25 months, sentencing Chiasson to 96 months imprisonment. The justification was that the guidelines did not capture the extent of Chiasson’s past criminal history. Chiasson appealed, arguing that the court erred by considering testimony by two non-victim witnesses and by relying on “bare arrests” in Chiasson’s record.The appellate court affirmed the district court's decision. First, it ruled that the district court did not violate Federal Rule of Criminal Procedure 32 by allowing two non-victim witnesses to testify on behalf of the government at sentencing. The court found that Rule 32 does not restrict a district court’s authority under 18 U.S.C. § 3661 to permit testimony relevant to sentencing. Secondly, it held that Chiasson failed to show that the district court relied on any "bare arrest" records in imposing the sentence. The court found that the district court had ample factual support in the PSR for each prior arrest or conviction it referenced when imposing an upward variance. Therefore, the court concluded that the district court did not err by considering Chiasson's arrest history as it was not dealing with a 'bare arrest record.' View "United States v. Chiasson" on Justia Law

In this case, the United States Court of Appeals for the Fifth Circuit considered an appeal by Jose Guadalupe Diaz-Diaz and Martin Perez-Marrufo, two members of the Barrio Azteca gang, who were convicted for their involvement in the murders of three people in Ciudad Juarez, Mexico in 2011. The defendants separately appealed their convictions and sentences, specifically questioning whether sufficient evidence existed to support their convictions for conspiracy to commit murder in a foreign country under 18 U.S.C. § 956(a)(1). Diaz also challenged his aiding-and-abetting convictions and his three consecutive life sentences for his convictions under 18 U.S.C. § 924(c) and (j). Perez-Marrufo also challenged an obstruction of justice enhancement imposed at sentencing.The court held that sufficient evidence existed to support the defendants' convictions for conspiracy to commit murder in a foreign country. The court also affirmed the obstruction of justice sentencing enhancement in Perez-Marrufo's case and the sufficiency of the evidence to support Diaz's convictions for aiding and abetting in Salcido's murder. However, the court held that the district court erred in imposing mandatory consecutive life sentences for Diaz's three section 924(j) convictions and remanded the case for resentencing on these counts. View "USA v. Diaz Diaz" on Justia Law

In an appeal before the United States Court of Appeals for the Fifth Circuit, two defendants, Robert Brumfield and Jeremy Esteves, convicted for their roles in a 2013 armed truck robbery in New Orleans, challenged the district court's denial of their motion for a new trial. This motion was based on their claim that the Government had suppressed evidence related to the credibility of two witnesses, which they argued violated the rules established in Brady v. Maryland and Giglio v. United States. In addition, Brumfield separately claimed that the Government failed to correct false testimony and also appealed his sentence.The Court found that the new evidence was not material in Brumfield's case, his claim of false testimony was without merit, and his sentence was both procedurally and substantively reasonable. However, the Court concluded that the new evidence was material as to Esteves, and thus his Brady claim required further consideration by the district court. Consequently, the Court affirmed in part, reversed in part and remanded the case to the district court for further consideration of Esteves’s Brady claim. View "USA v. Brumfield" on Justia Law

The United States Court of Appeals for the Fifth Circuit affirmed the district court's denial of Palma L. Jefferson Jr.'s suppression motions and his sentence related to his conviction for various drug trafficking charges, and for being a felon in possession of a firearm. The case arose after an anonymous tip led to a police investigation of Jefferson. The police did not find the described vehicle transporting drugs, but the tipster provided additional information leading to Jefferson's residence. The tipster provided live directions via video chat, allowing the police to locate Jefferson's apartment. When police approached Jefferson, they claimed he admitted to having cocaine and a firearm in his apartment, which led to his arrest.Jefferson challenged the legality of his arrest, the search of his apartment, and the use of his initial confession. He argued that his initial stop by the police amounted to a de facto arrest without probable cause and that the officers unlawfully entered and searched his apartment without a warrant. He further argued that his confession, if made, was unlawfully obtained. Jefferson also challenged the calculation of drug quantities and the application of a dangerous weapon enhancement in his sentence.However, the court found that Jefferson's initial stop by the police was an investigatory stop based on reasonable suspicion, not a de facto arrest. Even if the officers unlawfully entered and searched his apartment, the evidence obtained could still be admitted under the independent source doctrine, as it could be obtained through other lawful means. The court also upheld the drug quantity calculation and dangerous weapon enhancement in Jefferson's sentence. View "USA v. Jefferson" on Justia Law

Between November 2020 and February 2021, Adam Joseph Schultz and his co-conspirators engaged in a scheme to fraudulently obtain vehicles using stolen login credentials from car dealerships. They purchased and paid for these vehicles with the dealerships' money and then used the purchase documents to pick up the vehicles. Schultz pleaded guilty to one count of conspiracy to commit wire fraud. He was sentenced to 120 months in prison, which he appealed. This case was heard by the United States Court of Appeals for the Fifth Circuit.Schultz's appeal was based on two claims: first, that his April 2021 offense of being stopped while driving a stolen vehicle should have been classified as relevant conduct rather than criminal history, and second, he should have received a reduction for a partially completed offense under the United States Sentencing Guidelines. He argued that the April 2021 offense shared similarities with the offense he was convicted for and that the partially completed offense reduction should apply because he intended a larger offense for which he was not charged.The court rejected both of Schultz's arguments. The court reasoned that the April 2021 offense was not similar enough to the offense of conviction to be classified as relevant conduct, and that the partially completed offense reduction did not apply because Schultz had completed all elements of the charged crime. The court affirmed Schultz's sentence, but remanded the case to the district court to clarify a discrepancy between the oral pronouncement and written judgment regarding whether the sentence would run concurrently or consecutively with any sentences imposed in his state cases. View "USA v. Schultz" on Justia Law

The United States Court of Appeals for the Fifth Circuit affirmed a lower court's decision to grant a preliminary injunction against a Texas state prosecutor, Lucas Babin, who had initiated criminal charges against Netflix for promoting child pornography through its film, Cuties. The court found that Babin had acted in bad faith, as he multiplied the initial indictment into four after Netflix asserted its First Amendment right, selectively presented evidence to the grand jury, and charged Netflix for a scene that involved an adult actress. The court rejected Babin's argument that the indictments were validated by grand juries, finding that Babin's selective presentation of evidence undermined the independence of the grand juries. The court also noted that Netflix had shown that the prosecution was likely a bad faith prosecution, which constituted an irreparable injury, and that an injunction protecting First Amendment rights was in the public interest. The court ruled that these factors justified the district court's decision not to abstain under the Younger doctrine, which generally requires federal courts to refrain from interfering in ongoing state proceedings. View "Netflix v. Babin" on Justia Law

In an appeal before the United States Court of Appeals for the Fifth Circuit, Erma Wilson sought to overturn the decision of the U.S. District Court for the Western District of Texas which dismissed her federal civil rights suit against Midland County, Texas, and individuals Ralph Petty and Albert Schorre. Wilson was convicted of cocaine possession 22 years prior and she maintained her innocence, claiming that the cocaine found was not hers. The case revolved around her claim that she was denied due process since the assistant district attorney in her case, Ralph Petty, was also moonlighting as a law clerk for the judge presiding over her trial. Wilson was sentenced to eight years of community supervision which derailed her dream of becoming a nurse.Upon review, the Fifth Circuit held that Wilson's claim is barred by the "favorable termination" rule from Heck v. Humphrey. The rule states that a convicted party cannot seek § 1983 damages for unconstitutional conviction or imprisonment without first showing that the conviction or sentence has been reversed on appeal or otherwise declared invalid. The court noted that Petty’s dual role indeed constituted a conflict of interest that violated Wilson's constitutional right to a fair trial. However, under the court's precedent, noncustodial plaintiffs, such as Wilson, must meet the favorable-termination requirement, even if it’s practically impossible for them to do so. The court found that it was bound by prior circuit precedent and could only affirm the lower court's decision. The court noted that only the en banc court or the United States Supreme Court could deliver a different result. The court affirmed the judgment of the lower court. View "Wilson v. Midland County" on Justia Law

In the case before the United States Court of Appeals for the Fifth Circuit, the appellant, Brian Jackson, challenged the sufficiency of the evidence supporting his guilty plea for attempted interference with commerce by robbery in violation of 18 U.S.C. § 1951(a). Jackson and two co-conspirators had attempted to rob a convenience store, and in the course of the incident, the store was closed for about three hours, causing it to lose $600 in potential earnings. Jackson argued that the record did not sufficiently show that the attempted robbery impacted interstate commerce.The court, however, ruled that Jackson's plea agreement contained sufficient factual admissions to satisfy the Hobbs Act’s commerce element. It noted that Jackson admitted to attempting to rob the store with the intent to affect interstate commerce. In addition, the court found that the temporary closure of the store resulting from the attempted robbery affected interstate commerce, as it depleted the store's assets by $600, impeding its ability to engage in future interstate commerce. The court also inferred from the record that the store likely dealt in goods originating from outside Texas and therefore engaged in interstate commerce.Jackson's argument that he would not have pled guilty if he had known the facts were insufficient under the commerce element was dismissed by the court. The court noted that Jackson had pled guilty despite believing that the facts were insufficient to support the commerce prong, and he had admitted that his purpose in pleading guilty was to avoid potential conviction under a statute carrying longer sentences.The court thus found no reversible error and affirmed the lower court's decision. View "USA v. Jackson" on Justia Law

The case involves James Pierre, the sole doctor at a Houston pill mill, who was convicted of multiple federal drug crimes. He was charged with seven counts of unlawfully distributing and dispensing controlled substances and one count of conspiring to do the same. Pierre's defense argued that he had been deceived by the clinic's employees and only provided medicine for people he believed were in pain. However, the jury did not believe him and he was convicted on all counts.Pierre appealed his conviction on two grounds: that the district court erred in admitting improper profiling evidence and in instructing the jury. The United States Court of Appeals for the Fifth Circuit, however, found no reversible error and affirmed the conviction. The court held that the testimony about the mill operations was not profiling evidence, as it helped the jury understand the evidence. The court also held that any error in the jury instructions did not affect Pierre's substantial rights, as there was overwhelming evidence to prove that Pierre knew the prescriptions he was writing were medically unauthorized. View "USA v. Pierre" on Justia Law