Wire Fraud and Plain Error
An error of a single point in a Guideline calculation can be the basis for reversal.
Lenient White-Collar Sentences
The Fifth Circuit affirms a white-collar sentence despite a hot-collar dissent.
Manual Searches at Border without Individualized Suspicion
The Fifth Circuit adopts the circuits’ consensus that the Government can conduct manual cell phone searches at the border without individualized suspicion.
Possession As Relevant Conduct
The Fifth Circuit holds multiple possessions of a firearm can support a U.S.S.G. § 2K2.1(b)(6)(B) enhancement.
SCOTUS Cabins the Reach of Identity Theft
The Supreme Court cabins the reach of the Fifth Circuit’s construction of 18 U.S.C. 1028, the identity-theft statute.
SCOTUS Rejects RIGHT-To-Control
The Supreme Court holds the Second Circuit’s right-of-control theory cannot form the basis of a conviction under the federal fraud statutes.
Restitution Still Appealable (Sometimes)
The Fifth Circuit decides a restitution appeal is reviewable even though the defendant had executed an appeals waiver in her plea agreement.
Altered Serial Numbers
The Fifth Circuit holds that U.S.S.G. 2K2.1(b)(4)(B) applies only when an actual serial number has been altered or obliterated.
Healthcare Fraud is a Property Crime
The Fifth Circuit holds that the factual circumstances of the crime of conviction determines whether the crime is an “offense against property” requiring mandatory restitution.
Unpreserved Sufficiency Claims
The Fifth Circuit sets out the standard of review for unpreserved insufficiency-of-the-evidence claims.
Texas Conviction Qualifies as Enhancement
A Texas conviction for aggravated assault of a child qualifies as an enhancing offense under 18 U.S.C. 2256(e).
Bribery Requires a Quid Pro Quo
The Fifth Circuit decides that 18 U.S.C. 666 requires evidence of a quid pro quo for conviction. Mere gratuities are not enough.
Hoax Conviction Affirmed
The Fifth Circuit affirms the conviction of a Facebook poster who falsely posted that he had paid a COVID-positive friend to lick items in two grocery stores.
Pole Cameras Are not an Unreasonable Search
The Fifth Circuit holds that a prolonged use of pole cameras for surveillance doesn’t contravene the Fourth Amendment.
Custody and Miranda
The Fifth Circuit, over a strong dissent by the chief judge, rules that the defendant, handcuffed and threatened with tasing, was not in custody for purposes of Miranda.
Description and Seizure
The Fifth Circuit reverses the denial of a motion to suppress based upon the Government’s failure to show officers had reasonable suspicion for a Terry stop.
Consent and Suppression
The Fifth Circuit remands the denial of a motion to suppress because the facts showed deputies had effected a stop under the Fourth Amendment.
Texas Assault of Public Servant is Not a Violent Offense
The Fifth Circuit vacates a sentence by holding that Texas Assault on a Public Servant is not violent offense under the Sentencing Guidelines.
Mens Rea in Prescription Cases
The Supreme Court requires the Government to prove defendant doctors knew they were acting in an unauthorized manner, or intended to do so.
Constructive Amendment of The Indictment
The Fifth Circuit reverses false-statement and firearms convictions because the district court constructively amended the indictment by its jury instructions.