The Fifth Circuit affirmed the district court's judgment revoking supervised release and imposing a ten-month prison sentence. The court held that the defendant's constitutional challenge to the statute was foreclosed by binding precedent.
John Moldovan appealed a district court judgment that revoked his term of supervised release and sentenced him to ten months of imprisonment. He argued that the statute governing revocation was unconstitutional because it did not require a jury trial or proof beyond a reasonable doubt.
The court’s reasoning
The court noted that while the defendant relied on United States v. Haymond, his challenge was explicitly foreclosed by the Fifth Circuit’s decision in United States v. Garner. In Garner, the court held that the statute is not unconstitutional under Haymond. Because the sole argument on appeal was foreclosed, summary affirmance was proper.
What it means going forward
The judgment of the district court is affirmed, upholding the revocation of supervised release and the imposed sentence.
