Case Explained: Summary Calendar United States of America Plaintiff— v. Humberto Yosvany Arriola-Rivero Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-23 The Fifth Circuit affirmed the defendant’s 111-month prison sentence, which included an upward variance based on the district court’s finding that the defendant sexually assaulted one of the aliens he harbored and transported. The court rejected the defendant’s request to expand the record with newly discovered evidence or to remand for an evidentiary hearing, applying a clear error standard to the district court’s factual findings and determining they were plausible given the victim statements, witness testimony, and hospital records. The court further held that the defendant’s challenge regarding the failure to present an exculpatory DNA report was procedurally improper for direct appeal; instead, such collateral attacks on the sentence must be brought via a motion under 28 U.S.C. § 2255, subject to a one-year statute of limitations. Consequently, the conviction and sentence remain in effect, and any claims regarding the DNA evidence or the factual basis for the assault must be pursued through a separate habeas corpus proceeding rather than this direct appeal. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.