United States v. Lewis, 412 F.3d 614 (5th Cir. 2004). · Go Syfert
United States v. Lewis, 412 F.3d 614 (5th Cir. 2004). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case, last quoted 2005 · …absent extraordinary circumstances at p. 616 ⚠ not in text
27 citation events (27 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Diaz
5th Cir. · 2011 · confidence medium
Further, "we generally do not address issues not raised in initial appellate briefs.” United States v. Lewis, 412 F.3d 614, 616 (5th Cir.2005).
cited Cited as authority (rule) United States v. Fisher
5th Cir. · 2010 · confidence medium
United States v. Lewis, 412 F.3d 614, 616 (5th Cir.2005).
examined Cited as authority (rule) United States v. Salazar (3×) also: Cited "see"
5th Cir. · 2008 · confidence medium
United States v. Lewis, 412 F.3d 614, 615-16 (5th Cir.2005); United States v. Villegas, 404 F.3d 355, 358 (5th Cir.2005).
discussed Cited as authority (rule) United States v. Araguz-Briones
5th Cir. · 2007 · confidence medium
Under the plain error standard, we may correct the sentence only if there is: “(1) error; (2) that is plain; (3) that affects substantial rights; and (4) the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.” United States v. Lewis, 412 F.3d 614, 616 (5th Cir.2005) (citing United States v. Cotton, 535 U.S. 625, 631 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002)).
cited Cited as authority (rule) United States v. Valles
5th Cir. · 2007 · confidence medium
United States v. Lewis, 412 F.3d 614, 616 (5th Cir.2005). 19 .
cited Cited as authority (rule) United States v. Mejia-Huerta
5th Cir. · 2007 · confidence medium
United States v. Lewis, 412 F.3d 614, 616 (5th Cir.2005). 24 . 501 U.S. at 138-39 , 111 S.Ct. 2182 . 25 .
discussed Cited as authority (rule) United States v. Vargas-Garcia
5th Cir. · 2005 · confidence medium
United States v. Lewis, 412 F.3d 614, 616 (5th Cir.2005); see also United States v. Krout, 66 F.3d 1420, 1434 (5th Cir.1995) (stating that “to show plain error, the appellant must show that there was an error, that it was plain (meaning ‘clear’ or ‘obvious’) and that the error affects substantial rights”).
cited Cited as authority (rule) United States v. Holder
5th Cir. · 2005 · confidence medium
United States v. Cruz, 418 F.3d 481, 482 (5th Cir.2005); United States v. Lewis, 412 F.3d 614, 616 (5th Cir.2005).
cited Cited as authority (rule) United States v. Guajardo-Guzman
5th Cir. · 2005 · confidence medium
United States v. Lewis, 412 F.3d 614, 616 (5th Cir. June 14, 2005).
examined Cited as authority (rule) United States v. Higdon (4×)
11th Cir. · 2005 · confidence medium
In United States v. Lewis, 412 F.3d 614, 616 (5th Cir.2005); United States v. Taylor, 409 F.3d 675 (5th Cir.2005), and United States v. Hernandez-Gonzalez, 405 F.3d 260 (5th Cir.2005), the Fifth Circuit concluded that "absent extraordinary circumstances" it would not consider Blakely i>/ Booker claims raised for the first time in a reply brief, petition for certiorari or in a petition for rehearing. 23 Second, some circuits simply discuss (and often reject) Blakely i>/ Booker claims raised in supplemental briefing without addressing the appropriateness of reviewing tardy claims and, thus, cann…
cited Cited "see" United States v. Moreno-Calzada
5th Cir. · 2008 · signal: see · confidence high
See United States v. Lewis, 412 F.3d 614, 615-16 (5th Cir.2005).
discussed Cited "see, e.g." United States v. Ronquillo
5th Cir. · 2007 · signal: see also · confidence low
See United States v. Peltier, No. 05-30440, 2007 WL 3076932, at *2 , 505 F.3d 389, 391 (5th Cir. Oct.23, 2007); see also Lewis, 412 F.3d at 615-16 ; Villegas, 404 F.3d at 358 ; Mares, 402 F.3d at 513 . 5 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Karen LEWIS, Defendant-Appellant
04-10102.
Court of Appeals for the Fifth Circuit.
Sep 22, 2004.
412 F.3d 614
Frederick M Schattman, Delonia Anita Watson, U.S. Attorney’s Office, Fort Worth, TX, for Plaintiff-Appellee., Mario Pfister Cadeddu, Sorrels & Udashen, Dallas, TX, for Defendant-Appellant.
Garza, Demoss, Clement.
Unpublished
PER CURIAM: *

Karen Lewis appeals her conviction of laundering monetary instruments in violation of 18 U.S.C. § 1956(a)(3). We affirm.

Lewis argues that the district court plainly erred in disallowing the playing of surveillance tapes in favor of admitting the transcripts. Lewis has not shown that there was plain error. See United States v. Reyes, 300 F.3d 555, 558 (5th Cir.2002).

Lewis complains that the district court plainly erred in excluding the testimony of a polygraph examiner. There was no plain error, as the record indicates that Lewis failed to establish that the examiner’s testimony was relevant and that polygraph exams were accepted in the scientific community. See United States v. Posado, 57 F.3d 428, 432 (5th Cir.1995); Fed.R.Evid. 702.

Lewis next asserts that the district court erred in limiting the cross-examination of Government witnesses and the time for closing argument. Lewis has not shown that these rulings constituted plain error. See United States v. Gray, 105 F.3d 956, 963-64 (5th Cir.1997).

Lewis asserts that the district court clearly erred in finding that Lewis participated in the laundering of $520,000 for sentencing purposes. Lewis has not shown clear error. See United States v. Gillyard, 261 F.3d 506, 510 (5th Cir.2001). For the first time in her reply brief, Lewis relies upon Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) and Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) and argues that the jury, not the district court, must determine whether she was responsible for laundering $520,000. This court will not address the Apprendi argument, as Lewis did not raise it in her initial appellate brief. See Cousin v. Trans Union Corp., 246 F.3d 359, 373 n. 22 (5th Cir.2001). Although Blakely was not decided at the time Lewis filed her initial brief on appeal, her argument is foreclosed by this court’s recent opinion in United States v. Pineiro, 377 F.3d 464, 465-66 (5th Cir.2004).

Lewis also argues that her trial counsel was ineffective for failing to raise objections to the district court rulings admitting transcripts of surveillance tapes, excluding[*985] the testimony of her expert witness, limiting the cross-examination of Government witnesses, refusing to continue closing argument, and limiting the time allowed for closing argument. We generally do not resolve claims of ineffective assistance of counsel on direct appeal because the record is rarely sufficiently developed. See United States v. Bounds, 943 F.2d 541, 544 (5th Cir.1991). The record is insufficient for us to consider Lewis’s claims on direct appeal. See id. Accordingly, the judgment of conviction is AFFIRMED without prejudice to Lewis’s right to raise her ineffective assistance of counsel claims in a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. We express no view on the merits of such a motion.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.