Background
Armando Leon, Jr., appealed from a district court judgment revoking his term of supervised release and sentencing him to twenty-four months of imprisonment. Leon argued that 18 United States Code Section 3583 subsection g is unconstitutional because it requires revocation and imprisonment without a jury trial or proof beyond a reasonable doubt. He acknowledged that his challenge was foreclosed by United States versus Garner but asserted the issue to preserve it for further review.
The court’s reasoning
The court noted that in United States versus Garner, the Fifth Circuit rejected the argument that Leon has asserted and held that Section 3583 subsection g is not unconstitutional under Haymond. Because Leon’s sole argument on appeal is foreclosed by that precedent, summary affirmance is proper.
What it means going forward
The decision reinforces that challenges to the constitutionality of supervised release revocation statutes under Haymond are foreclosed in the Fifth Circuit by Garner, leading to summary affirmance of such judgments.
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