October 29th, 2019
US Court of Appeals for the Fifth Circuit Opinions
United States v. Gentry
Opinion Date: October 28, 2019
Judge: Stephen Andrew Higginson
Areas of Law: Criminal Law
Seven defendants appealed their conviction and sentence for conspiracy to possess with intent to distribute 50 grams or more of methamphetamine. Although defendants were not all members of the Aryan Brotherhood of Texas, the conspiracy was connected to this group. The Fifth Circuit held that the district court erred in calculating the drug quantity of drugs attributable to Defendant Killough at sentencing. In this case, there was no information containing sufficient indicia of reliability to support the district court's calculation. Therefore, the court vacated his sentence and remanded for resentencing. The court affirmed on the remaining issues raised by defendants, including claims challenging the denial of requests for substitute counsel; the application of an obstruction of justice sentencing enhancement; denial of a motion to suppress evidence; the district court's decision allowing a witness to invoke the Fifth Amendment privilege against self-incrimination; denial of requests for funds under the Criminal Justice Act; denial of motions for acquittal; limitations of cross-examination; and denial of cumulative error.
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