US Court of Appeals for the Fifth Circuit Opinions
United States v. Singletary

Docket: 20-10977
Opinion Date: March 28, 2022
Judge: Stuart Kyle Duncan
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence for conspiring to possess firearms in furtherance of drug trafficking. The court concluded that the district court did not err in applying an enhancement under USSG 2K2.1(b)(6)(B) because defendant's crime of conviction was distinct from the crime used to support the application of the (b)(6)(B) enhancement. In this case, defendant was convicted for conspiring to possess guns (i.e., make straw purchases) to help drug dealers, but defendant's sentence was enhanced under (b)(6)(B) because the straw purchases were used to protect or aid in the drug trafficking activity of the distributors. Therefore, the other felony offense for (b)(6)(B) purposes was the drug dealing conspiracy of the distributors, which was distinct from defendant's.

The court also concluded that the district court did not plainly err by applying both the section 2K2.1(b)(5) and (b)(6)(B) enhances as the district court did not apply the enhancements based on the same offense, but instead enhanced defendant's sentence to reflect his involvement in two distinct offenses.

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United States v. Mesquias

Docket: 20-40869
Opinion Date: March 24, 2022
Judge: Gregg Costa
Areas of Law: Criminal Law, White Collar Crime

The Fifth Circuit affirmed defendants' convictions and sentences for multiple counts of health care fraud and conspiracy stemming from their involvement in a scheme to falsely certify that patients were eligible for home health or hospice services. The court concluded that sufficient evidence supports defendants' convictions for health care fraud and conspiracy to commit that fraud. The court rejected defendants' contention that the government offered no proof that they knew the patients were ineligible for home health and hospice, and that the government did not prove the ineligibility of the six patients whose claims were listed as the substantive fraud counts. Rather, the record shows that defendants were intimately involved with the fraud, and that the certifications for all six patients were either outright lies or based on fabricated medical records.

The court also concluded that the district court properly calculated the loss amount when sentencing defendants. In this case, the district court found that defendants' fraud was pervasive and thus treated the entire amount that they billed to Medicare as the intended loss, enhancing defendants' offense levels by 24 points, resulting in an advisory Sentencing Guidelines range of life in prison pursuant to USSG 2B1.1.

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Louisiana may prohibit release of mug shots before conviction



lailluminator.com/2022/03/23/louisiana-may-prohibit-release-of-mug-shots-before-conviction/

US Court of Appeals for the Fifth Circuit Opinions
United States v. Castro

Docket: 18-10137
Opinion Date: March 17, 2022
Judge: Andrew S. Oldham
Areas of Law: Criminal Law

The Fifth Circuit denied a petition for rehearing, withdrew its previous opinion, and substituted the following opinion.

The court vacated the certificate of appealability (COA) as invalid, as the parties concede, under 28 U.S.C. U.S.C. 2253(c)(2)–(3) because it fails to specify a constitutional issue. In this case, defendant seeks a valid COA under United States v. Davis, 139 S. Ct. 2319 (2019). The court concluded that defendant was not sentenced under the residual clause in 18 U.S.C. 924(c)(3)(B). Rather, he was sentenced under the elements clause in 924(c)(3)(A). The court explained that defendant's indictment, his stipulated factual resume, and his plea agreement all confirm that he was convicted of and sentenced for putting the lives of his victims in jeopardy by using a handgun. The court concluded that this easily satisfies the elements clause and renders section 924(c)'s residual clause and Davis irrelevant. Because defendant has not made a substantial showing of the denial of a constitutional right, the court could not grant a COA and dismissed for lack of jurisdiction.

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Lewis v. Hughs

Docket: 20-50654
Opinion Date: March 16, 2022
Judge: Stuart Kyle Duncan
Areas of Law: Civil Rights, Constitutional Law, Election Law

The Fifth Circuit concluded that plaintiffs' action challenging the constitutionality of various provisions of the Texas Election Code regulating mail-in balloting is barred by sovereign immunity. The court concluded that the Secretary does not enforce the challenged provisions and thus the district court erred in finding the Secretary was a proper defendant under Ex parte Young, 209 U.S. 123 (1908). The court reversed the district court's judgment and remanded with instructions to dismiss plaintiffs' claims.

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Bills filed in Louisiana legislature seek to expand state’s medical marijuana program


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How should Louisiana employers handle medical marijuana use?

www.businessreport.com/business/how-should-louisiana-employers-handle-medical-marijuana-usage