United States v. Hughes, No. 12-60005 (5th Cir. 2013)Annotate this Case
Defendant appealed his convictions and sentence for drug distribution conspiracy charges. The court held that the district court's failure to dismiss four counts of using a telephone to facilitate the commission of a drug crime was an abuse of discretion necessitating reversal because the Government has never argued that dismissing the telephone counts would have been clearly contrary to manifest public interest and because the district court provided no reasoning justifying its refusal to dismiss the telephone counts. The court affirmed the judgment of the district court with respect to the conspiracy count. The court reversed the district court's denial of the Government's motion to dismiss the telephone counts and rendered a judgment of dismissal on these counts.
The court issued a subsequent related opinion or order on August 29, 2013.