United States v. Wallace, No. 16-40701 (5th Cir. 2018)Annotate this Case
The Fifth Circuit withdrew its previous opinion and issued the following opinion.
Defendant pleaded guilty to being a felon in possession of a firearm and aiding and abetting retaliation against a witness in a criminal investigation. In this consolidated appeal, defendant challenged the district court's denial of his motion to suppress. The court affirmed the district court's denial of defendant's motion to suppress the evidence supporting his conviction in the firearms case. In this case, the Ping Order was issued pursuant to a valid arrest warrant and suppression was not a remedy for a violation of either the federal pen-trap statute or the Texas Code of Criminal Procedure. Because suppression was not warranted, the court need not address defendant's request for remand for resentencing regarding his aiding and abetting conviction. Therefore, the court dismissed that portion of the appeal as moot.
This opinion or order relates to an opinion or order originally issued on May 22, 2017.