Confrontation and Investigative Background Testimony
The Fifth Circuit reverses conviction, holding that the Government’s introduction of investigative background testimony violated the Confrontation Clause.
Loss-Amount Reversal
The Fifth Circuit reverses a total-loss figure because the district court rejected the Government’s concessions which accounted for proper offsets to that figure.
New Trials Under FRCP 33
The Fifth Circuit affirms that a district court, sitting as a thirteenth juror, can grant a new trial even if the evidence was sufficient for conviction.
Sixth Amendment Right to UnConflicted Counsel
The Fifth Circuit remands for a limited evidentiary hearing on whether a defendant’s lawyer’s representation of the Government’s star witness resulted in actual prejudice.
Medicaid and Identity Theft
The Fifth Circuit rules that the two-year sentencing enhancement found in 18 U.S.C. 1028A(a)(1) applies not just to fraudulent billing, but also to fraudulent overbilling.
ACCA and Occasions
The Supreme Court decides that convictions stemming from a single criminal episode count only once under the Armed Career Criminal Act.
Mens Rea and Healthcare Kickbacks
The Fifth Circuit reverses healthcare convictions based upon insufficient evidence of “willfully,” that the defendant had acted with the knowledge that his conduct was unlawful.
SCOTUS Considers a Physician’s Mens Rea
SCOTUS has agreed to consider whether a physician is entitled to a good-faith defense that his prescriptions fall within the usual course of professional practice.
5th Circuit Upholds Suppressed Search
The Fifth Circuit upholds the suppression of evidence stemming from an anonymous tipster.
Drug-to-Cash Conversion
The Fifth Circuit reverses a district court’s wholesale conversion of cash into methamphetamine for lack of sufficient evidentiary support.
Double Adoptions and Mail Fraud
The Fifth Circuit upholds a mail-fraud conviction involving a double-matching adoption scheme. The Government was not required to prove loss to the victim.
Texas Robbery is a Violent Felony
The Fifth Circuit concludes Texas robbery meets the definition of generic robbery under the ACCA.
Statute- of-Limitations Instruction
The Fifth Circuit rules that a defendant is entitled to a statute-of-limitations instruction after limitations was suspended under 18 U.S.C. 3292.
Sixth Amendment Confrontation
The United States Supreme Court affirms the constitutional right of confrontation under the Sixth Amendment.
Ratifying Error is Not Good
The Fifth Circuit upholds a error-ladened sentence because the defendant’s lawyer vouched for the PSR’s miscalculated Guidelines.
The Low Threshold of Authentication
The Fifth Circuit clarifies the low threshold for authentication of photographs under the rules of evidence.
Facebook is Not a Government Agent
The Fifth Circuit holds that Facebook is not a government agent when it comes to forwarding cyber tips to the National Center for Missing and Exploited Children.
Forfeiture Reversed
The Fifth Circuit reverses a forfeiture order that was based on joint-and-several liability. The order was for $4 million.
Money Conversion
Cash converted to equivalent drug weight must reflect the realities of the offense.
Government Malfeasance
The Fifth Circuit holds that the district court did not abuse its discretion in denying a motion for mistrial after the Government repeatedly referenced a co-conspirator’s plea of guilty.