United States Court of Appeals for the Fifth Circuit

United States v. Lamberson

The Fifth Circuit affirmed the revocation of Kelley Lynn Lamberson's supervised release, finding no plain error in the district court's sentencing despite her claim that the court improperly relied on retributive factors. The court held that because the revocation was mandatory under 18 U.S.C. § 3583(g), the district court was not required to consider the retributive factors Lamberson cited, even if she had preserved the objection.

United States of America v. Acacedric Rashod Ware

The Fifth Circuit affirmed the denial of a § 2255 motion, holding that a defendant cannot prove ineffective assistance of counsel based on a conflict of interest without showing that the conflict adversely affected the defense strategy. Although the attorney's dual representation created an actual conflict, the record showed the lawyer withdrew immediately upon discovery and took no substantive actions that harmed the client.

United States v. LeBlanc

The Fifth Circuit affirmed a 162-month prison sentence for a felon in possession of a firearm, rejecting arguments regarding sentencing enhancements. Because the defendant failed to preserve his objections in the district court, the appellate court reviewed the case only for plain error and found no clear mistake.

United States v. Gonzalez

The Fifth Circuit dismissed the criminal appeal of Erick Roman Gonzalez after finding no nonfrivolous issues for review. The court granted appointed counsel's motion to withdraw following an Anders brief analysis.

Johnson v. Epsilon Data Management, L.L.C.

The Fifth Circuit affirmed the district court's judgment in this civil appeal, finding no reversible error in the lower court's proceedings. The court concluded that the district court's decision complied with all applicable legal standards after a careful review of the record.

Untitled Opinion

United States v. Spencer

The Fifth Circuit affirmed Robert Spencer's convictions for possessing a firearm and an explosive device, ruling that police actions were justified by exigent circumstances. The court further held that any potential Fourth Amendment violation was attenuated from the evidence under the doctrine established in Utah v. Strieff.

United States v. Hernandez-Huizar

The Fifth Circuit dismissed an appeal from a Southern District of Texas criminal conviction after finding no nonfrivolous issues for review. The court granted appointed counsel's motion to withdraw following an Anders brief and the defendant's failure to file a response.

United States v. Jasso, Jr.

The Fifth Circuit affirmed Job Jasso, Jr.'s conviction for possessing firearms in furtherance of drug trafficking, rejecting his claim that the evidence was insufficient. The court held that the proximity of loaded handguns to fentanyl pills was enough for a reasonable juror to find the required intent.

United States v. Delgado-Ramirez

The Fifth Circuit affirmed Pedro Delgado-Ramirez's conviction for illegal reentry, rejecting his challenge to a statutory sentencing enhancement. The court held that the defendant's argument was foreclosed by the Supreme Court's precedent in Almendarez-Torres v. United States.