USA v. Cabello

Docket Number21-50083
Decision Date05 May 2022
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
17 cases
  • United States v. Kelley
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 11, 2022
    ... ... We have I-don't-know-how-many precedents holding as much. See, e.g., United States v. Cabello , 33 F.4th 281, 290-92 (5th Cir. 2022) (collecting a small handful). Now take today's case. In 2020, the district court sentenced Kelley. At that T1* , the law wasn't unsettled. Rather, "the district court acted correctly under the prevailing law at the time." Ante , at 286-87 n.19. The ... ...
  • United States v. Jindal
    • United States
    • U.S. District Court — Eastern District of Texas
    • August 11, 2022
    ... ... #141 at p. 2). However, Jindal's argument is misplaced. Aiding and abetting under 18 U.S.C. 2 is "not itself a crime," but rather a means or different theory of liability of committing a single crime. United States v ... Cabello , 33 F.4th 281, 286 (5th Cir. 2022); see also 18 U.S.C. 2(a) ("Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal."); United States v ... Pearson , 667 F.2d 12, 13 (5th Cir. Unit B 1982) (per ... ...
  • United States v. E.I. Du Pont De Nemours & Co.
    • United States
    • U.S. District Court — Southern District of Texas
    • August 18, 2022
    ... ... And, of course, the court will fully hear the parties' arguments on whether the evidence at trial is sufficient to show the requisite mens rea and what instructions the jury should receive on mens rea. United States v ... Cabello , 33 F.4th 281, 288 (5th Cir. 2022). The indictment is sufficient to withstand the motion to dismiss. B. The Motion to Dismiss Count Three Count Three alleged that DuPont negligently released and caused the release into the ambient air of an extremely hazardous substance, methyl mercaptan, and at ... ...
  • United States v. Dennis
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 27, 2022
    ... ... 461, 46667, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997) ). 49 Fed. R. Crim. P. 32.2(b)(5)(A). 50 Libretti v. United States , 516 U.S. 29, 30, 116 S.Ct. 356, 133 L.Ed.2d 271 (1995). 51 United States v. Simpson , 741 F.3d 539, 560 (5th Cir. 2014). 52 United States v. Cabello , 33 F.4th 281, 295 (5th Cir. 2022) (quoting Taylor v. Illinois , 484 U.S. 400, 418, 108 S.Ct. 646, 98 L.Ed.2d 798 (1988) ). 53 Dennis also challenges the district court's calculations on the basis that Trevino was not a credible witness, but, as above, the district court found Trevino to be ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT