Case: 17-11342 Document: 00515607463 Page: 1 Date Filed: 10/19/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 19, 2020 No. 17-11342 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Victor Manuel Solorzano, also known as Victor Solorzano, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-283-1 Before Higginbotham, Jones, and Higginson, Circuit Judges. Per Curiam:* Defendant Victor Manual Solorzano was convicted by a jury for drug trafficking, assaulting two federal officers, and using a firearm in relation to a crime of violence. Appearing pro se, Solorzano now challenges his conviction and 567-month sentence. For the reasons that follow, we AFFIRM his * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 17-11342 Document: 00515607463 Page: 2 Date Filed: 10/19/2020 No. 17-11342 conviction but VACATE his sentence and REMAND for further proceedings. I. BACKGROUND In November 2014, agents with the Department of Homeland Security, Homeland Security Investigations (HSI) were investigating a drug smuggling operation. The officers directed their attention toward Solorzano following his encounter with a known suspect. In October 2015, officers witnessed Solorzano meeting with unknown individuals in parking lots on two separate occasions, prompting them to initiate a traffic stop. They detained Solorzano when he failed to provide a valid driver’s license and, upon searching his vehicle, discovered mobile devices, a handgun, and some United States currency. A K-9 unit alerted positive for narcotics, but Solorzano was ultimately released. Following the traffic stop, three HSI task force officers—Shannon McFarland, Michael Bali, and Joe Swanson—were assigned to the case to investigate Solorzano. Swanson obtained an order from a Texas judge to place a tracking device on Solorzano’s vehicle based on reasonable suspicion of criminal activity. McFarland then dropped Bali off in front of Solorzano’s residence so that he could install the device on Solorzano’s vehicle. Bali installed the device without mishap, and Swanson arrived to pick him up. But as Bali walked towards Swanson’s vehicle, Solorzano appeared, assault rifle in hand, alongside his cousin, Edgar Solorzano (“Edgar”). After a brief verbal exchange, Solorzano shot at Bali, wounding him and shattering the rear window of Swanson’s vehicle. Solorzano continued to shoot at the two officers as they sped away. The tracking device was never activated. Throughout this encounter, McFarland, Bali, and Swanson drove unmarked vehicles, wore plain clothes, and never informed Solorzano that 2 Case: 17-11342 Document: 00515607463 Page: 3 Date Filed: 10/19/2020 No. 17-11342 they were law enforcement. Edgar testified at trial that he and Solorzano did not know they were firing at law enforcement officers. Bali himself recognized on cross-examination that Solorzano had no reason to believe they were officers. Police later searched Solorzano’s home, where they found methamphetamine. Edgar was arrested shortly thereafter. He identified Solorzano as a methamphetamine dealer, and stated that ...
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