Justia Criminal Law Opinion Summaries

The Louisiana offense of armed robbery qualifies as a violent felony under the Armed Career Criminal Act (ACCA). Defendant was sentenced as an armed career criminal after pleading guilty to one count of being a felon in possession of a firearm.In Louisiana, armed robbery is "the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon." The court stated that elements of simple robbery are the same, except that they lack the dangerous-weapon element. In United States v. Brown, 437 F.3d 450, 452 (5th Cir. 2006), the court held that the Louisiana crime of simple robbery qualifies as a violent felony under the ACCA. The court rejected defendant's contention, under the rule of orderliness, that the Brown panel must have relied on the residual clause when it concluded that the use of force needed for robbery was the same as the use of force contemplated in the ACCA. Furthermore, subsequent precedent has supported, rather than overruled, Brown. View "United States v. James" on Justia Law

The Fifth Circuit affirmed defendant's sentence for conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, plus two counts of unlawful use of communications facilities. The court held that the BOP did not abuse its discretion by refusing to construe defendant's request for custody credit as a request for nunc pro tunc designation. In any event, defendant failed to establish that the BOP has made a final decision on a nunc pro tunc request, and thus his claim has not been administratively exhausted; the BOP did not err by declining to award custody credit under Willis v. United States, 438 F.2d 923 (5th Cir. 1971); and neither 18 U.S.C. 3553(e) nor 3553(f) applied to defendant's situation and thus granting his request would place his sentence below the statutory minimum. View "Smith v. McConnell" on Justia Law

Defendant-appellant Clifford Mecham took his computer to a technician for repairs. The technician discovered thousands of images showing nude bodies of adults with faces of children superimposed. The technician reported the pornography to the Corpus Christi Police Department. Unlike virtual pornography, this “morphed” child pornography used an image of a real child. Like virtual pornography, however, no child actually engaged in sexually explicit conduct. The Fifth Circuit Court of Appeals determined the circuits disagreed about whether morphed child pornography was protected speech. The Fifth Circuit agreed with the majority view that morphed child pornography did not enjoy First Amendment protection, so it affirmed defendant's conviction for possessing child pornography. "But the fact that the pornography was created without involving a child in a sex act does mean that a sentencing enhancement for images that display sadistic or masochistic conduct does not apply," so defendant's case was remanded for resentencing. View "United States v. Mecham" on Justia Law

Clarence Roy, a Christian street preacher, was issued a summons outside a nightclub in Monroe, Louisiana, after a woman accused him of following her and making inflammatory remarks. The summons, which was issued by Sergeant James Booth of the Monroe Police Department, cleared the way for formal charges under the city of Monroe’s “disturbing the peace” ordinance. Roy was tried and ultimately acquitted by a municipal court judge. Shortly thereafter, he filed suit pursuant to 42 U.S.C. 1983, in which he argued Booth and the city deprived him of numerous constitutional rights under the First, Fourth, and Fourteenth Amendments. Two district court judges denied relief, first in part and then in whole, respectively. Finding no reversible error, the Fifth Circuit Court of Appeals affirmed. View "Roy v. City of Monroe" on Justia Law

Defendant-appellant Phillip Horton appealed his sentence imposed following his guilty plea conviction for possession with intent to distribute 500 grams or more of methamphetamine. Horton argued the district court erred in assessing criminal history points, failing to adjust his sentence for time served on an undischarged state sentence, ordering the instant sentence to run consecutively to anticipated state sentences, and failing to adequately explain its decision to impose the sentence. After review, the Fifth Circuit Court of Appeals found no abuse of the district court's discretion in arriving at Horton's sentence, and affirmed it. View "United States v. Horton" on Justia Law

The Fifth Circuit affirmed defendant's sentence imposed after he was convicted of one count of possession of methamphetamine with intent to distribute. The court held that defendant failed to show that the government breached his plea agreement. Furthermore, defendant failed to point to anything in the record showing that the parties made an ancillary agreement limiting the government's ability to use the information he provided. Finally, information given before the existence of any agreement between defendant and the government could not have been given as a result of the agreement.The court also held that defendant waived his challenge to the district court's imposition of a two-level sentencing enhancement under USSG 2D1.1(b)(5), and dismissed the claim. The court also dismissed defendant's ineffective assistance of counsel claim. View "United States v. Williams" on Justia Law

After defendant pleaded guilty to being a felon in possession of a firearm, the district court sentenced him under the Armed Career Criminal Act. The Fifth Circuit held that 18 U.S.C. 2113(a) is divisible, and thus the district court properly used the bank robbery indictment to narrow defendant's robbery convictions to the violent felonies of taking bank property from another through intimidation. Consequently, defendant had at least three qualifying violent felonies and was properly sentenced as an armed career criminal. View "United States v. Butler" on Justia Law

When a state prisoner is implicitly granted extra time to seek supervisory writs from the denial of his state post-conviction application—and he does so within that time—his initial application therefore remains "pending" under the tolling provision in 28 U.S.C. 2244(d)(2). The Fifth Circuit relied on its own precedents and by the Supreme Court's teaching that a state post-conviction application remains pending for statutory tolling purposes as long as the ordinary state collateral review process is in continuance. The court vacated the district court's dismissal of a 28 U.S.C. 2254 petition as time-barred and held that petitioner was entitled to statutory tolling and thus his petition was not time-barred. View "Leonard v. Deville" on Justia Law

The Fifth Circuit affirmed the district court's denial of defendant's motion to reduce his sentence under 18 U.S.C. 3582(c)(1)(A)(i), a part of the First Step Act of 2018. The court held that the district court sufficiently articulated its reasons for denying defendant's request for compassionate release. In this case, the district court acknowledged that defendant's terminal disease constitutes an extraordinary and compelling reason for a sentence reduction and that he does not present a danger upon release. However, the district court noted that compassionate release is discretionary, and applied the 18 U.S.C. 3553(a) factors, considering defendant's severe conduct, his serious drug crime, and his criminal history. View "United States v. Chambliss" on Justia Law

The Fifth Circuit affirmed defendant's convictions on twenty-three felony counts related to his role in schemes to defraud philanthropists, using their money to finance his personal life and political career. Defendant served two nonconsecutive terms in the United States House of Representatives.The court held that the district court's jury instructions were not erroneous; it was not plain error for the district court to define 501(c)(3) and 501(c)(4) organizations in the charge, and defendant was not entitled to an instruction on good faith; the district court did not err by denying defendant's motions for judgment of acquittal under Rule 29; the government provided ample evidence that defendant fraudulently devised, and implemented, a scheme to deprive two donors of their money and property, thus allowing the jury to rationally find him guilty of mail fraud, wire fraud, and money laundering; and the Federal Election Campaign Act's contribution limits apply to coordinated spending on political communications, irrespective of whether those communications contain magic words of express advocacy. View "United States v. Stockman" on Justia Law