United States Court of Appeals for the Fifth Circuit

Federal Criminal Appeals

Defending the constitutional rights of the accused in the appellate arena.

Federal Criminal Appeals

Defendants are usually better off retaining experienced appellate counsel rather than just letting their trial lawyers handle their appeals. Appeals are completely different from trials, and more often than not, trial attorneys aren’t skilled enough to know how to frame issues for a three-judge panel. This is especially true in the Fifth Circuit, which is considered one of the most conservative courts in the country. Check out our articles page for insight as to how the Fifth Circuit construes federal criminal law.

While defendants have a statutory right to appeal their cases, that is not to say every appeal has merit. But a defendant can obtain relief if legal errors occurred in the trial that resulted in a wrongful conviction or during their sentencing hearing that resulted in an unreasonable sentence. The appellate court can grant a criminal defendant various kinds of relief, such as

  • Vacating the conviction or sentence and remanding the case for further proceedings

  • Reversing the conviction or sentence altogether, or

  • Modifying the conviction or sentence.

Some Pending appeals

  • In United States v. Ekene, the trial court order restitution in the amount of $1.2 million in favor of Medicare. We have challenged the trial court’s order, arguing that government healthcare programs do not come within the ambit of the Mandatory Restitution Victims Act.

  • In United States v. Jones, our client pleaded guilty to one count of Conspiracy to Commit Healthcare Fraud in the district court. We appealed her plea, arguing that the district court did not have a sufficient factual basis to accept a plea of guilty. We have also argued that her defense lawyer could not stipulate to an element of the crime, functionally pleading her guilty without her express acquiescence.

A Few Past successes

  • Represented by another lawyer, our client was sentenced to 180 months’ incarceration under the Armed Career Criminal Act. We challenged that designation on appeal. The Fifth Circuit reversed, and our client’s sentence was reduced to time served. United States v. Elrod, 730 F. Appx. 239 (5th Cir. 2018).

  • In United States v. Inman, 411 F.3d 591 (5th Cir. 2005), the district court had entered an order of restitution of $135,283.11. We raised an issue of first impression—whether a district court could order restitution beyond the offense of conviction. The 5th Circuit held that restitution was limited to the specific temporal scope of the indictment. This decision has likely cost the Government billions of dollars over the years.

    In United States v. Richardson, 67 F.4th 268 (5th Cir. 2023), we challenged a district court’s order of restitution in favor of a business entity. The Fifth Circuit held that restitution under the MVRA can be ordered in favor of a corporation, but it modified the amount our client was required to pay.

  • In United States v. Roddy, 812 Fed. Appx. 285 (5th Cir. 2020), we challenged the district court’s determination of relevant conduct under the United States Sentencing Guidelines. The Fifth Circuit reversed, and our client’s sentenced was reduced 50 months after remand.

    In United States v. Eaden, 914 F.3d 1004 (5th Cir. 2019), we presented two issues of first impression. First, whether a defendant’s possession of ammunition alone during a drug-trafficking offense allowed a four-level enhancement under USSG 2K2.1(b)(6)(B). Second, whether the connection with drug trafficking can be presumed. The Fifth Circuit decided both issues in our client’s favor and reversed his sentence.