RESULTS: 5th Circuit Ruling in Favor of Client

Jacob Blizzard represented Marcelo Monsivais in the U.S. District Court in Lubbock, Texas on a charge of Illegal Alien in Possession of a Firearm. (United States vs Monsivais)

The events leading to the arrest and conviction of Mr. Monsivais occurred on the side of Interstate 20 roughly midway between Abilene and Fort Worth, in Palo Pinto County, Texas.

This happened without any reasonable suspicion of having committed a crime. This unlawful pat-down led to the recovery of a firearm.

Legal Proceedings

Jacob Blizzard, representing Mr. Monsivais, initially filed a motion to suppress the evidence obtained from the unlawful search. This motion was denied by the District Court. Undeterred, Mr. Blizzard appealed the decision to the United States 5th Circuit Court of Appeals in New Orleans.

Outcome

The 5th Circuit Court of Appeals heard the case in New Orleans, Louisiana, and found that the seizure violated Mr. Monsivais’s rights under the Fourth Amendment. The court ruled that the evidence obtained during the illegal search must be suppressed.

Consequently, the district court’s denial of the motion to suppress the evidence was reversed, leading to the vacating of Mr. Monsivais’s conviction and sentence.

Significance

This case underscores the importance of upholding constitutional rights and serves as a reminder of the critical role that thorough legal advocacy plays in the justice system. Jacob Blizzard’s dedicated representation ensured that justice prevailed, reinforcing the protections afforded by the Fourth Amendment.

Download  the 5th Circuit Court ruling here…

Listen to the audio recording of Mr. Blizzard’s Oral Argument before the 5th Circuit Here