US Court of Appeals for the Fifth Circuit Opinions
United States v. Zuniga
Opinion Date: June 5, 2017
Judge: James Earl Graves, Jr.
Areas of Law: Criminal Law
Defendant conditionally pleaded guilty to possession with intent to distribute 500 grams or more of methamphetamine and aiding and abetting. The Fifth Circuit affirmed the district court's denial of defendant's motion to suppress, holding that the totality of the circumstances surrounding the turn-signal violation provided the requisite reasonable suspicion to stop defendant's vehicle, and the collective knowledge doctrine provided the grounds for imputation of that information to another officer. The court also held that Beckles v. United States, 137 S. Ct. 886 (2017), foreclosed defendant's argument that remand of his career offender sentence was required under the reasoning of United States v. Johnson, 135 S. Ct. 2551 (2015). However, the court held that defendant's prior Texas conviction for delivery of a controlled substance cannot serve as a predicate offense for purposes of USSG 4B1.1's enhancement in light of United States v. Hinkle, 832 F.3d 569 (5th Cir. 2016), and Mathis v. United States, 136 S. Ct. 2243 (2016). Because such error affected defendant's substantial rights, the court vacated the sentence and remanded for resentencing.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm