April 26th, 2017

​U.S. Court of Appeals for the Fifth Circuit Opinions
United States v. Ortega

Docket: 16-50301
Opinion Date: April 25, 2017
Judge: Carolyn Dineen King
Areas of Law: Criminal Law

After defendant pleaded guilty to charges of possession with intent to distribute 500 grams or more of cocaine and possession of a firearm in furtherance of a drug trafficking crime, he challenged the district court's denial of his motion to compel disclosure of the identities of confidential informants and his motion to suppress. Defendant also challenged the factual basis of his guilty plea. The court rejected defendant's arguments regarding his motion to compel disclosure and the factual basis of his guilty plea. However, the court vacated defendant's convictions and sentences for additional fact findings, remanding for the district court to determine whether Officer Parkinson included the false statement at issue intentionally or with reckless disregard for the truth. If after making the intent finding, the district court again denies defendant's motion to suppress, the district court shall reinstate the convictions and sentences, and defendant may then appeal.