United States v. Senegal — 5th Cir. (Aug 4, 2026)

No. 19-40930 Argued August 4, 2026 Published August 11, 2026; updated August 21, 2026

The Fifth Circuit again hears United States versus Senegal. Two of Mr. Senegal's sentences for possessing a firearm as a felon were enhanced under the Armed Career Criminal Act based on earlier Texas robbery convictions. The district court denied his challenge. In 2022, this court found that the sentencing judge probably relied on the law's residual clause, a catch-all for crimes posing a serious risk of injury. The Supreme Court had invalidated that clause, but the panel held the error harmless under then-current Texas robbery law. Later decisions displaced that reasoning, while two unchallenged consecutive life sentences remain. Kathryn Shephard represents Senegal. She is with the Federal Public Defender's Office. She will contend that the two enhanced sentences cannot stand. Assistant U.S. Attorney Andrew Sand will respond that Senegal lost the claim by not raising it earlier.

United States v. Senegal (No. 19-40930) — U.S. Court of Appeals for the Fifth Circuit, argued August 4, 2026.

Sources

Argument audio — U.S. Court of Appeals for the Fifth Circuit (public domain, 17 U.S.C. § 105):https://www.ca5.uscourts.gov/OralArgRecordings/19/19-40930_08-04-2026.mp3

Argument listing — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/oral-argument-recordings/results?from=2026-08-04&to=2026-08-21

Argument calendar — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/court-calendars/sitting?d=2026-08-04

Direct-appeal opinion — U.S. Court of Appeals for the Fifth Circuit:https://www.govinfo.gov/content/pkg/USCOURTS-ca5-08-40406/pdf/USCOURTS-ca5-08-40406-0.pdf

2022 opinion — U.S. Court of Appeals for the Fifth Circuit:https://www.govinfo.gov/content/pkg/USCOURTS-ca5-19-40930/pdf/USCOURTS-ca5-19-40930-0.pdf

United States v. Rose — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions/pub/22/22-10571-CV0.pdf

Johnson v. United States — Supreme Court of the United States:https://www.supremecourt.gov/opinions/boundvolumes/576US2PP_Web.pdf

Kathryn Shephard — Federal Public Defender, Southern District of Texas:https://fpdsdot.org/en/offices-2/locations/houston.html

Kathryn Shephard — Supreme Court docket:https://www.supremecourt.gov/docket/docketfiles/html/public/24-7339.html

Andrew Sand — U.S. Department of Justice:https://www.justice.gov/legal-careers/ambassadors

Andrew Sand — U.S. Attorney's Office for the Southern District of Texas:https://www.justice.gov/usao-sdtx/pr/valentines-day-gas-station-robber-who-tried-plead-insanity-found-guilty

0:00Introduction