UNITED STATES v. FERNANDEZ

No. 21-50283.

48 F.4th 405 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Luis FERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED September 7, 2022.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Richard Louis Durbin, Jr. , Assistant U.S. Attorneys, Matthew P. Lathrop , U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

David Kenneth Sergi , Sergi & Associates, P.C., San Marcos, TX, for Defendant-Appellant.

Before Stewart, Elrod, and Graves, Circuit Judges.


A grand jury indicted Luis Fernandez for being an unlawful user of a controlled substance in possession of a firearm. The indictment stemmed from an incident in Odessa, Texas, in which Fernandez drove to a police station while in possession of a rifle, and eventually confessed to having recently used cocaine. Fernandez...

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