United States v. Salinas

Opinion

Case: 24-50661 Document: 102-1 Page: 1 Date Filed: 03/06/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit

FILED No. 24-50661 March 6, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Reynaldo Salinas,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:22-CV-95 ______________________________

Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges. Per Curiam: * A jury convicted Reynaldo Salinas of attempted coercion and enticement of a minor and attempted transfer of obscene material to a minor. After the denial of relief under 28 U.S.C. § 2255, Salinas filed a motion pursuant to Federal Rule of Civil Procedure 60(b) arguing that the United States Air Force Office of Special Investigations violated his Fourth _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-50661 Document: 102-1 Page: 2 Date Filed: 03/06/2026

No. 24-50661

Amendment rights by using a civilian phone application to investigate and enforce a civilian law against a civilian in violation of the Posse Comitatus Act. The district court found that the claim was procedurally barred. We review the denial of a Rule 60(b) motion for abuse of discretion. Clark v. Davis, 850 F.3d 770, 778 (5th Cir. 2017). We may affirm on any basis supported by the record. United States v. Jackson, 27 F.4th 1088, 1091 (5th Cir. 2022). Because Salinas “had a full and fair opportunity to litigate his Fourth Amendment claim in pre-trial proceedings and on direct appeal,” Stone v. Powell, 428 U.S. 465, 494-95 (1976) bars collateral review of that claim. United States v. Ishmael, 343 F.3d 741, 742 (5th Cir. 2003); see Davis v. Blackburn, 803 F.2d 1371, 1373-74 (5th Cir. 1986) (opinion on rehearing). AFFIRMED.