Background
Dustin Jared Parker appealed from a district court judgment revoking his term of supervised release and sentencing him to six months in prison. For the first time on appeal, Parker challenged the constitutionality of Section thirty-five eighty-three of Title eighteen of the United States Code, which mandates revocation and imprisonment for certain violations of supervised release conditions.
The court’s reasoning
The court noted that Parker acknowledged his challenge was foreclosed by the Fifth Circuit’s decision in United States versus Garner. In Garner, the court rejected the argument that the statute is unconstitutional under the Supreme Court’s decision in United States versus Haymond. Because Parker’s sole argument was foreclosed by binding precedent, 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 six-month prison sentence.
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