United States v. Ashton

Case: 25-40415 Document: 67-1 Page: 1 Date Filed: 09/01/2026

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

No. 25-40415 FILED September 1, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jordan Ashton, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 6:24-CR-42-2 ______________________________ Before Haynes, Graves, and Ramirez, Circuit Judges.

Per Curiam: * Following a jury trial, Jordan Ashton was convicted of one count of aiding and abetting interference with commerce through robbery and one count of possession of a firearm by a convicted felon and was sentenced to a below-guidelines prison term of 84 months in prison as well as a three-year term of supervised release. Now, he argues that the evidence was insufficient to show he had the requisite intent on the charge of aiding and abetting Case: 25-40415 Document: 67-1 Page: 2 Date Filed: 09/01/2026

No. 25-40415 robbery. Because he did not present this argument to the district court, review is for a manifest miscarriage of justice. See United States v. Wadi, 153 F.4th 465, 474 (5th Cir. 2025), cert. denied, 2026 WL 1513302 (U.S. June 1, 2026) (No. 25-7177). Under this standard, the jury’s verdict will be overturned “only if the record is devoid of evidence pointing to guilt, or because the evidence on a key element of the offense is so tenuous that a conviction would be shocking.” Id. at 475 (internal quotations, citation, ellipsis, and brackets omitted).

This standard is not met because trial evidence showing that Ashton acted as a lookout and getaway driver suffices to uphold the disputed conviction. See United States v. Nieto, 721 F.3d 357, 367 (5th Cir. 2013); United States v. Willis, 559 F.2d 443, 444 (5th Cir. 1977). The judgment of the district court is AFFIRMED.