United States v. David Hinojosa, 349 F.3d 200 (5th Cir. 2003). · Go Syfert
United States v. David Hinojosa, 349 F.3d 200 (5th Cir. 2003). Cases Citing This Book View Copy Cite
84 citation events (84 in the last 25 years) across 8 distinct courts.
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At page 203 Reviewing motion to suppress based on warrant validity22 citing casesAlthough a defendant’s exclusive possession of a house may establish his dominion and control over contraband found there, his joint occupancy of a house will not, by itself, support the same conclusion.1 citing court put it this way
  • United States v. Cristobal Meza, III, 701 F.3d 411 (5th Cir. 2012).published 3 cites
    (Although a defendant’s exclusive possession of a house may establish his dominion and control over contraband found there, his joint occupancy of a house will not, by itself, support the same conclusion.)
  • United States v. Spriggs, No. 20-20042 (5th Cir. June 9, 2021).unpublished
    “Although a defendant’s exclusive occupancy of a place may establish his dominion and control over any item found there, his joint occupancy of a place cannot, by itself, support the same conclusion.” United States v. Houston, 364 F.3d 243…
  • United States v. Juvenal Ambriz, 727 F.3d 378 (5th Cir. 2013).published
    (citations omit *383 ted)
  • United States v. Karol McAtee, 538 F. App'x 414 (5th Cir. 2013).unpublished
    We have “defined constructive possession as ownership, dominion, or control over the contraband, or as dominion over the premises in which the contraband is found.” United States v. Hinojosa, 349 F.3d 200, 203 (5th Cir.2003).
  • United States v. Cedrick Saulsberry, 503 F. App'x 265 (5th Cir. 2012).unpublished
    “This Court has defined constructive possession as ownership, dominion, or control over the contraband, or as dominion over the premises in which the contraband is found.” United States v. Hinojosa, 349 F.3d 200, 203 (5th Cir.2003) (citati…
  • United States v. Christopher Fuentes, 478 F. App'x 160 (5th Cir. 2012).unpublished
    Houston, 364 F.3d at 248 (citing United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir.2003)). 16 .
  • United States v. Damien Allen, 358 F. App'x 544 (5th Cir. 2009).unpublished
    “In cases of joint occupancy, like the matter sub jtidice, we find constructive possession only where there is evidence supporting a plausible inference that the defendant had knowledge of, and access to, the item.” Id. (citing United Stat…
  • United States v. Felan, 339 F. App'x 499 (5th Cir. 2009).unpublished
    United States v. Hinojosa, 349 F.3d 200, 203 (5th Cir.2003) (citations omitted).
  • United States v. Cutwright, 247 F. App'x 499 (5th Cir. 2007).unpublished
    United States v. Hinojosa, 349 F.3d 200, 203 (5th Cir.2003).
  • United States v. Smith, 228 F. App'x 383 (5th Cir. 2007).unpublished
    United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir.2003); see also United States v. Martin, 483 F.2d 974, 975 (5th Cir.1973) (mere presence in the area where the narcotic is discovered or mere association with the person who does con…
Show 12 more citing cases
  • United States v. Matias, 465 F.3d 169 (5th Cir. 2006).published
    (possession of ammunition in 18 U.S.C. § 922 (g) includes either actual or constructive possession)
  • Everett v. United States, No. 04-41145 (5th Cir. Aug. 9, 2006).unpublished
    United States v. Hinojosa, 349 F.3d 200, 203 (5th Cir. 2003) Mrs. Everett also told the officers that her husband kept a pistol and ammunition in the At trial, a stipulation, signed by Everett, house.
  • United States v. McGrew, 165 F. App'x 308 (5th Cir. 2006).unpublished 2 cites
    De Leon, 170 F.3d at 496 ; United States v. Hinojosa, 349 F.3d 200, 203 (5th Cir.2003).
  • Moreno v. Dretke, 362 F. Supp. 2d 773 (W.D. Tex. 2005).published
    See, e.g., United States v. Froman, 355 F.3d 882, 888 (5th Cir.2004); United States v. Hinojosa, 349 F.3d 200, 203 (5th Cir.2003).
  • United States v. Smith, 110 F. App'x 380 (5th Cir. 2004).unpublished
    Id.; United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir. 2003) ; see United States v. Olano, 507 U.S. 725, 732 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993).
  • United States v. Houston, 364 F.3d 243 (5th Cir. 2004).published
    United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir.2003) (citing Mergerson, 4 F.3d at 349).
  • United States v. Lamonne Ivory, No. 18-11173 (5th Cir. Aug. 1, 2019).unpublished 2 cites
    See Hinojosa, 349 F.3d at 203-04.
  • United States v. Deshawn Hall, 710 F. App'x 234 (5th Cir. 2018).unpublished
    See United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir. 2003); United States v. De Leon, 170 F.3d 494, 496 (5th Cir. 1999).
  • United States v. Anthony Smith, 670 F. App'x 208 (5th Cir. 2016).unpublished
    See United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir. 2003); United States v. De Leon, 170 F.3d 494, 496 (5th Cir. 1999).
  • United States v. Neal Lim, 500 F. App'x 323 (5th Cir. 2012).unpublished
    See United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir.2003).
  • United States v. Capulin-De La Cruz, 255 F. App'x 801 (5th Cir. 2007).unpublished
    See United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir.2003).
  • United States v. Mace McGrew, 397 F. App'x 87 (5th Cir. 2010).unpublished
    United States v. McGrew, 165 Fed.Appx. 308, 311 (5th Cir.2006); see also United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir.2003). 1 McGrew’s defense was that he had allowed his friend, Tutt, who did not live at the house, to store s…
At page 204 Determining constructive possession in joint occupancy20 citing cases“will find constructive possession only when there is 'some evidence supporting at least a plausible inference that the defendant had knowledge of and access to' the illegal item.”3 citing courts quote it · 17 listed here
  • United States v. Cristobal Meza, III, 701 F.3d 411 (5th Cir. 2012).published 3 cites
    Hinojosa, 349 F.3d at 203-04 (“Although a defendant’s exclusive possession of a house may establish his dominion and control over contraband found there, his joint occupancy of a house will not, by itself, support the same conclusion.”).
  • United States v. Enclade, No. 24-30684 (5th Cir. Aug. 18, 2026).published
    But where, as here, the premises are jointly occupied, the Government must present “‘some evidence supporting at least a plausible inference that the defendant had knowledge of and access to’ the illegal item.” United States v. Hinojosa, 3…
  • United States v. He, No. 25-30327 (5th Cir. Mar. 12, 2026).unpublished
    United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir. 2003) (quoting United States v. Mergerson, 4 F.3d 337, 349 (5th Cir. 1993)).
  • United States v. Lyon, No. 22-50360 (5th Cir. Dec. 20, 2023).unpublished
    The government must introduce “some evidence supporting at least a plausible inference that the defendant had knowledge of and access to the illegal item.” Meza, 701 F.3d at 419 (quoting United States v. Hinojosa, 349 F.3d 200, 204 (5th Ci…
  • United States v. Lozano, No. 22-50753 (5th Cir. Oct. 12, 2023).unpublished
    United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir. 2003) (internal quotation marks and citation omitted); see also United States v. Prudhome, 13 F.3d 147, 149 (5th Cir. 1994) (reviewing a challenge to the sufficiency of the evidence an…
  • United States v. Jabori Huntsberry, 956 F.3d 270 (5th Cir. 2020).published
    We will affirm a finding of constructive possession in cases of joint occupancy “only when there is some evidence supporting at least a plausible inference that the defendant had knowledge of and access to the illegal item.” Meza, 701 F.3d…
  • United States v. Terrence Ewing, 546 F. App'x 384 (5th Cir. 2013).unpublished 2 cites
    Houston, 364 F.3d at 248 (citing United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir. 2003)); see Mergerson, 4 F.3d at 348-49 (no plausible inference for constructive possession where weapon not in plain view and pawnshop receipt indicat…
  • United States v. Roy Johnson, 495 F. App'x 450 (5th Cir. 2012).unpublished
    See United States v. Brito, 136 F.3d 397, 411 (5th Cir.1998); United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir.2003).
  • United States v. Daniels, 405 F. App'x 54 (7th Cir. 2010).unpublished 3 cites
    That Daniels had access to the safe supports an inference that he could exercise control over its contents, see United States v. Anderson, 618 F.3d 873, 880 (8th Cir. 2010); United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir. 2003); Uni…
  • United States v. Reed, 277 F. App'x 357 (5th Cir. 2008).unpublished
    The evidence must support “at least a plausible inference that the defendant had knowledge of and access to the illegal item.” United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir.2003) (internal quotation marks and citation omitted). “[M…
Show 7 more citing cases
  • United States v. Galindo, 254 F. App'x 391 (5th Cir. 2007).unpublished 3 cites
    However, in the case of joint occupants, constructive possession requires “some evidence supporting at least a plausible inference that the defendant had knowledge of and access to the Illegal item.” United States v. Hinojosa, 349 F.3d 200…
  • United States v. Maurice P. Montgomery, 402 F.3d 482 (5th Cir. 2005).published 2 cites
    The Court 3 United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir. 2003); United States v. Williams, 120 F.3d 575, 578 (5th Cir. 1997). 4 See U.S.S.G. § 4B1.4 cmt.; Hinojosa, 349 F.3d at 204 . 5 18 U.S.C. § 922 (g). 6 18 U.S.C. § 924 (e)(1…
  • United States v. Lewis, 332 F. App'x 951 (5th Cir. 2009).unpublished
    See United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir.2003); United States v. Onick, 889 F.2d 1425, 1430 (5th Cir.1989).
  • United States v. Smith, 285 F. App'x 160 (5th Cir. 2008).unpublished
    See United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir .2003) Accordingly, the judgment of the district court is AFFIRMED. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not pre…
  • United States v. Salinas, No. 06-41548 (5th Cir. May 12, 2008).unpublished
    See United States v. Hinojosa, 349 F.3d 200, 204 (5th Cir. 2003).
  • United States v. Capulin-De La Cruz, 255 F. App'x 801 (5th Cir. 2007).unpublished
    See United States v. Hinojosa, 349 F.3d 200, 203-04 (5th Cir.2003).
  • United States v. Winbush, 407 F.3d 703 (5th Cir. 2005).published
    The relevant definition for a “serious drug offense” is defined as, an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 10…
At page 205 Applying rule of lenity to sentencing for prior convictions3 citing casesapplying current state law, but not deciding whether current or past state law governs1 citing court put it this way
  • United States v. Darden, 539 F.3d 116 (2d Cir. 2008).published
    (applying current state law, but not deciding whether current or past state law governs)
  • United States v. Archer, 461 F. Supp. 2d 213 (S.D.N.Y. 2006).published
    In United States v. Hi-nojosa, 349 F.3d 200, 205 (5th Cir.2003), the maximum sentence for the defendant’s prior drug offense was ninety-nine years under the Texas statute in effect at the time of his state conviction.
  • United States v. Williams, 462 F. Supp. 2d 342 (E.D.N.Y. 2006).published
    In United States v. Hinojosa, 349 F.3d 200, 205 (5th Cir.2003), the court concluded from the nonretroactivity of a Texas drug reform statute that the defendant’s prior convictions were serious drug offenses for the purposes of § 924(e) bec…
At page 202 cited at this page1 citing case
  • United States v. Damion Hamilton, No. 17-30276 (5th Cir. May 11, 2018).unpublished
    See United States v. Meza, 701 F.3d 411, 419 (5th Cir. 2012); cf. United States v. Hinojosa, 349 F.3d 200, 202-04 (5th Cir. 2003); United States v. Wright, 24 F.3d 732, 735 (5th Cir. 1994).
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
David HINOJOSA, Defendant-Appellant
02-41744.
Court of Appeals for the Fifth Circuit.
Nov 19, 2003.
Published opinion
349 F.3d 200
2003 WL 22390333
Julia Bowen Stern (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Robert Henry Featherston (argued), Raymond Edward Taylor, Taylor & Cor-rea, San Antonio, TX, for Defendant-Appellant.
Higginbotham, Stewart, Prado.
Cited by 53 opinions  |  Published
PRADO, Circuit Judge:

Following a jury trial, Appellant David Hinojosa was convicted on one count of being a felon in possession of 14 rounds of ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He raises three issues on appeal. In his first issue, he challenges the denial of his motion to suppress, in which he argued that the affidavit used to obtain a warrant to search his house did not establish probable cause. In his second issue, he argues that the government introduced insufficient evidence to show that he possessed the ammunition. In his third issue, Hino-josa argues that the district court erred in determining that he qualified as an “armed career criminal” under 18 U.S.C. §§ 924(e)(1).

Factual Background

In January 2002, federal agents obtained a warrant to search a house that Hinojosa shared with Linda Sorsby. When conducting the search of the house, officers found fourteen rounds of ammunition in Hinojo-sa’s and Sorsby’s shared bedroom. Seven rounds were in a night stand, and seven rounds were in a safe. Hinojosa, who had three previous convictions, was charged with being a felon in possession of ammunition. After Hinojosa unsuccessfully challenged the warrant, the case proceeded to trial, after which a jury convicted him. The district judge, applying the Armed Career Criminal Act, sentenced Hi-nojosa to 235 months in prison and assessed a $15,000 fine.

Motion to Suppress

In the district court, Hinojosa filed a motion to suppress, arguing that the search warrant was invalid. In particular, he pointed to some factual errors in the warrant affidavit, and he also presented affidavits from two of the confidential informants whose testimony had been used as support for the warrant. In these new affidavits, the informants recanted their earlier testimony. According to Hinojosa, the errors and the new affidavits estab[*203] lished that the warrant was not supported by probable cause and that the officer had not acted in good faith in obtaining the warrant. The district court denied Hino-josa’s motion.

This Court uses a two-step process to review a district court’s denial of a motion to suppress when that motion involves a search warrant. United States v. Cavazos, 288 F.3d 706, 709 (5th Cir.2002). First, we determine whether the good faith exception to the exclusionary rule applies. Id. If this exception applies, we end our analysis and affirm the district court’s ruling. Id. If the good faith exception does not apply, we proceed to the second step and examine whether the magistrate had a substantial basis for finding probable cause. Id. Thus, we only examine probable cause if the good faith exception does not apply. United States v. Cherna, 184 F.3d 403, 407 (5th Cir.1999).

Under the good faith exception, evidence obtained as a result of an officer’s objectively reasonable reliance on a warrant is not suppressed, even if the warrant is later invalidated. Chema, 184 F.3d at 407. Whether the officer’s reliance was reasonable is a legal question that we review de novo. Cavazos, 288 F.3d at 709.

Additionally, the good faith exception will not protect evidence obtained by a warrant when the warrant affidavit contained an intentional false statement or a statement that was made with reckless disregard for its truth. Cavazos, 288 F.3d at 709-10. The defendant challenging the warrant bears the burden of establishing these intentional or reckless false statements by a preponderance of the evidence. Id.

Although Hinojosa argues that the government agent’s actions, when viewed in totality, establish a lack of good faith, his arguments are unpersuasive. At the hearing, Hinojosa failed to establish that any false statements were intentionally or recklessly made. Further, we conclude that reliance on the challenged warrant was objectively reasonable. Thus, we do not need to examine probable cause.

Accordingly, the good faith exception applies and the trial court properly denied Hinojosa’s motion to suppress.

Sufficiency of the Evidence

Hinojosa also argues that the government introduced insufficient evidence to prove that he possessed the ammunition. We review a challenge to the sufficiency of the evidence by examining whether a “reasonable trier of fact could have found that the evidence established guilt beyond a reasonable doubt.” United States v. Smith, 296 F.3d 344, 346 (5th Cir.2002). In doing this, we must look at the evidence in the light most favorable to the verdict and make all reasonable inferences supporting the verdict. United States v. Alarcon, 261 F.3d 416, 421 (5th Cir.2001).

Under 18 U.S.C. § 922(g)(1), the government must prove that the defendant was previously convicted of a felony, that he knowingly possessed ammunition, and that this ammunition traveled in or affected interstate commerce. United States v. De Leon, 170 F.3d 494, 497 (5th Cir.1999). Possession of the ammunition may be actual or constructive. Id. Both parties agree that the government only attempted to prove constructive possession in this case.

This Court has defined constructive possession as ownership, dominion, or control over the contraband, or as dominion over the premises in which the contraband is found. United States v. Mergerson, 4 F.3d 337, 349 (5th Cir.1993); De Leon, 170 F.3d at 497. Although a defendant’s exclusive possession of a house may establish his dominion and control over[*204] contraband found there, his joint occupancy of a house will not, by itself, support the same conclusion. Mergerson, 4 F.3d at 349; see also United States v. Fields, 72 F.3d 1200, 1212 (5th Cir.1996). Thus, in cases of joint occupancy, we will find constructive possession only when there is “some evidence supporting at least a plausible inference that the defendant had knowledge of and access to” the illegal item. Mergerson, 4 F.3d at 349.

At trial, the government presented evidence linking Hinojosa to the ammunition by showing that items belonging to Hinojosa were found in the same safe that contained seven rounds of the ammunition. These items included a watch engraved with Hinojosa’s initials, a knife with Hinojosa’s name engraved on it, and a credit card with Hinojosa’s name and the name of his business printed on it. Thus, although some evidence suggested that the ammunition belonged to Linda Sorsby, who shared the bedroom with Hinojosa, other evidence connected Hinojosa with the ammunition. Therefore, viewing the evidence in favor of the verdict, the evidence presented at trial supports a plausible inference that Hinojosa had knowledge of, and access to, the ammunition.

Armed Career Criminal Status

Hinojosa also argues that the district court improperly enhanced his sentence under USSG § 4B1.4(b)(3)(B), which implements the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). We review a district court’s application and interpretation of the Sentencing Guidelines de novo and its findings of facts for clear error. United States v. Yanez-Huerta, 207 F.3d 746, 747 (5th Cir.2000).

ACCA imposes a mandatory minimum fifteen-year sentence on a defendant who has been convicted under the felon-in-possession-of-a-firearm statute (§ 922(g)) and who has three previous convictions for a violent felony or a serious drug offense. 18 U.S.C. § 924(e). The relevant definition of “serious drug offense” is:

an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law.

18 U.S.C. § 924(e)(2)(A)®.

In 1993, Hinojosa was convicted in state court for delivery of .84 grams of cocaine. At that time, the maximum sentence under Texas law for this crime was 99 years. Tex. Health & Safety Code § 481.106(a), repealed, Acts 1993, 73d Leg. ch. 900, § 2.07, eff. Sept. 1, 1994. After Hinojosa’s conviction, the law was amended, and it now provides a maximum sentence of two years imprisonment for delivery of less than one gram of cocaine. Tex. Penal Code § 12.35. Hinojosa argues that his 1993 state conviction for delivery of .84 grams of cocaine was not a “serious drug offense” because at the time of his federal sentencing the maximum state sentence for this offense was not at least 10 years, as required by § 924(e)(2)(A)®.

Hinojosa relies on United States v. Morton, 17 F.3d 911 (6th Cir.1994) as support for this argument. In Morton, as in this case, the state revised its drug laws between the time of the defendant’s state convictions and his federal sentencing. Under the revised laws, Morton’s convictions would be punishable by a maximum of six years imprisonment. Id. at 914. The court determined that ACCA’s “prescribed by law” language was ambiguous because it did not specify a time period. Id. at 915. Based on this ambiguity and[*205] the rule of lenity, the Morton court concluded that courts should examine the maximum sentence for a previous conviction at the time of federal sentencing, not at the time of the conviction. Id.

This case is distinguishable from Morton, however. Texas’ revised sentencing scheme specifically provides that the revised sentences do not apply to crimes committed before the effective date of the revisions. Section 2.08-09 Act of May 29, 1998, 73d Leg. ch. 900, § 2.08,2.09, eff. Sept. 1, 1994, Tex. Gen. Laws 3714. Anyone who, like Hinojosa, delivered less than one gram of cocaine before the amendment would still receive the higher punishment. Thus, even under Morton, Hinojosa’s previous convictions would be for “serious drug offenses” because if he were sentenced by the state court for those crimes today, he would still be subject to a maximum term of at least ten years.

AFFIRMED.