Justia Criminal Law Opinion Summaries

The Fifth Circuit affirmed the district court's decision to reduce defendant's sentence under the First Step Act. The court held that defendant's dual-object conspiracy offense under 21 U.S.C. 846, which was committed before August 3, 2010, is a covered offense under Section 404(a) of the First Step Act. The court also held that the district court had statutory authority under Section 404 to reduce defendant's sentence from 233 months to 180 months. Finally, the court held that neither of Section 404(c)'s limitations apply. Therefore, defendant is eligible for relief under the First Step Act. View "United States v. Winters" on Justia Law

Plaintiff, a detainee in the Harris County jail awaiting trial, filed what he described as a petition for writ of habeas corpus seeking release from pretrial custody, contending that the conditions at the jail were insufficient to protect his constitutional rights in the midst of the COVID-19 crisis. The district court denied relief regardless of whether the petition was brought under federal habeas law, 28 U.S.C. 2241, or civil rights law, 42 U.S.C. 1983.The Fifth Circuit construed plaintiff's petition as seeking habeas relief and affirmed the district court's denial of such relief. The court concluded that the Great Writ does not, in this circuit, afford release for prisoners held in state custody due to adverse conditions of confinement. Therefore, plaintiff failed to state a claim for relief under Federal Rule of Civil Procedure 12(b)(6). View "Rice v. Gonzalez" on Justia Law

The Fifth Circuit affirmed defendant's conviction and sentence for violating the Violence Against Women Act (VAWA). Defendant's arguments center on challenges to his conviction for violating two separate protection orders by transporting his girlfriend across state lines in violation of both.The court held that the district court did not err by denying defendant's motion to dismiss the indictment where the definition of protection order in VAWA encompasses the two orders at issue. The court also held that the district court did not err in denying defendant's motion for acquittal as a matter of law where a rational jury could have found the elements of each offense charged beyond a reasonable doubt. Finally, the court held that the district court did not err in denying defendant's motion to elect a single count of conviction. In regard to defendant's sentence, the court held that the district court did not err by applying a two-level, vulnerable victim sentencing enhancement under USSG 3A.1.1. In this case, defendant knew that the victim was pregnant with his child and knew or should have known that she was susceptible to his efforts to contact her. View "United States v. Cline" on Justia Law

The Fifth Circuit dismissed the petition for review, holding that the use of an unauthorized social security number, in violation of 42 U.S.C. 408(a)(7)(B), constitutes a crime involving moral turpitude (CIMT) such that petitioner is ineligible for cancellation of his removal to Mexico.Reviewing de novo, the court explained that, under Fifth Circuit precedent, a section 408(a)(7)(B) offense categorically constitutes a CIMT because it necessarily involves intentional deception. The court concluded that the offender's deceptive intent is dispositive. Even assuming arguendo that the conviction requires a further aggravating element beyond deceptive intent, the court was satisfied that such an element is present where a conviction under section 408(a)(7)(B) necessarily involves conduct that obstructs the function of government. Therefore, petitioner's application for cancellation of removal is pretermitted. View "Munoz-Rivera v. Wilkinson" on Justia Law

The Fifth Circuit affirmed defendant's 37-month sentence imposed after he pleaded guilty to illegal reentry after deportation. The court held that defendant failed to show the district court committed significant procedural error in declining to explicitly address his arguments for a shorter sentence. In this case, the district court gave defendant a sentence at the bottom of the Guidelines range after adopting the presentence report's factual findings and the probation officer's conclusions; read the sentencing memorandum submitted by defendant's counsel and heard both counsel's argument and personal request for a more lenient sentence; and explained how it considered the advisory guidelines and the 18 U.S.C. 3553(a) factors. View "United States v. Coto-Mendoza" on Justia Law

The Fifth Circuit affirmed Defendant Martinez and Warren's convictions and sentences for multiple federal charges for their roles in a telemarketing timeshare-exit scam that bilked millions from owners eager to escape timeshares they could no longer afford.The court held that the evidence was sufficient to support Martinez's convictions for conspiracy (Count One), mail fraud (Counts Two through Six), and wire fraud (Counts Seven and Eight); the district court did not err or abuse its discretion by permitting the timeshare owners to testify about their conversations with telemarketers; the district court did not err by imposing consecutive six-month sentences under 18 U.S.C. 2326(1); the district court did not clearly err in determining that Warren was a "manager or supervisor" and applying a three-level increase to his offense level under USSG 3B1.1(b); and Martinez's contention that the district court's restitution order violated his Sixth Amendment right to a jury trial is foreclosed by circuit precedent. View "United States v. Warren" on Justia Law

Defendant appealed the district court's denial of his motion for a sentence reduction under the First Step Act (FSA). On remand from the Fifth Circuit, the district court determined that defendant was not eligible for a sentence reduction and that, even if he were eligible, the district court would not reduce his sentence.The Fifth Circuit agreed with defendant that he is eligible for a sentence reduction because his indictment charged him with possession with intent to distribute more than 50 grams of crack cocaine. The court explained that section 404 of the FSA gives district courts the discretion to apply the Fair Sentencing Act of 2010 to reduce a prisoner's sentence for a "covered offense." In this case, section 2 of the FSA amended defendant's statute of conviction under 21 U.S.C. 841(b)(1)(A), by increasing the 50-gram threshold of cocaine base to 280 grams, and similarly amended section 841(b)(1)(B) by increasing the threshold quantity from five to 28 grams of cocaine base. Because defendant committed his section 841(b)(1)(A) offense in September 2005, and the statutory penalties for that offense were modified by the Fair Sentencing Act of 2010, the court concluded that defendant's offense is a "covered" one and thus he is eligible for a reduction in sentence under the FSA.However, the court held that defendant has not shown that the district court abused its discretion in denying his motion for a sentence reduction where the district court did not disregard the Fifth Circuit's mandate by denying a sentence reduction; the district court articulated its reasons and addressed the 18 U.S.C. 3553(a) sentencing factors; and the district court was not required to consider defendant's post-sentencing growth. Accordingly, the court affirmed the district court's judgment. View "United States v. Whitehead" on Justia Law

In 1998, Brown was convicted of sexual assault and sentenced to 15 years’ imprisonment. Before Brown’s anticipated 2011 release, the state obtained a civil commitment order under the Texas Sexually Violent Predator Act. The Act required civilly committed persons to “reside in a Texas residential facility under contract with" OVSOM or another approved location and to participate in OVSOM-provided “treatment and supervision.” While confined at Fort Worth, Brown was indicted for violating his commitment terms and confined at the Tarrant County Jail as a pre-trial detainee. Brown posted bond and was transferred to the Cold Springs Jail, pursuant to a Memorandum of Understanding with OVSOM’s predecessor: Tarrant County (Sheriff Anderson) would provide “housing, meals, and other usual services” in the Work Release Program; OVSOM's predecessor had responsibility for “obtaining and paying for all programs" required for its clients. Brown, acquitted of violating his commitment terms, did not receive sex offender treatment at Cold Springs.Brown filed a 42 U.S.C. 1983 complaint, based on the 20-day confinement without sex offender treatment. The Fifth Circuit affirmed the dismissal of his claims against Tarrant County and Anderson. Anderson is entitled to qualified immunity and Brown states no claim against the county. At the time of the challenged conduct, there was a circuit split on whether sexually violent or dangerous offenders have a due process right to treatment. Anderson’s failure to provide Brown with sex offender treatment did not violate clearly established law. View "Brown v. Tarrant County" on Justia Law

The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to dealing methamphetamine, holding that the district court did not clearly err in calculating the drug quantity attributable to defendant. The court concluded that the district court did not clearly err in attributing to defendant twenty-four kilograms of meth from a text transaction. The court also concluded that the district court did not clearly err in its conversion of cash seized from defendant's residence and from a coconspirator's into a corresponding amount of meth. View "United States v. Lucio" on Justia Law

Herndon pleaded guilty in the Southern District of Florida to bank fraud with an agreed loss amount of over $3 million. Before sentencing, Herndon was diagnosed with cancer and underwent extensive medical treatment. In 2013, she was sentenced below the guidelines range of 78–97 months to 60 months' imprisonment, supervised release, and $3,008,437 in restitution. Because Herndon needed additional medical treatment, the district court agreed to allow her to voluntarily surrender one year later; Herndon was released to home confinement and obtained several extensions. Ultimately, a warrant was issued and Herndon was taken into custody in April 2015.Herndon learned that the Bureau of Prisons calculated her sentence from the date she had entered custody (April 2015), rather than the March 2013 date she had been sentenced, and calculated her anticipated release date as August 2019. Herndon filed an unsuccessful 28 U.S.C. 2255 motion in the Southern District of Florida asking the court to amend the judgment to reflect its oral pronouncement, which she asserted had awarded her credit for the time she would spend on home confinement. Herndon then filed a section 2241 motion in the Northern District of Texas. While her section petition was pending, Herndon was released in July 2019. The Fifth Circuit affirmed the dismissal of the petition as moot. Herndon had already received the sole relief sought in her petition: release from confinement. View "Herndon v. Upton" on Justia Law