Background
Joseph Jackson appealed a Northern District of Texas judgment revoking his supervised release and sentencing him to six months in prison followed by another 24 months of supervised release. Section 3583(g) mandates revocation and imprisonment when an offender violates specified supervised-release conditions, including by possessing a controlled substance or refusing drug testing.
For the first time on appeal, Jackson argued that 18 U.S.C. § 3583(g) is unconstitutional under United States v. Haymond because it permits mandatory revocation and imprisonment without a jury trial or proof beyond a reasonable doubt. He acknowledged that United States v. Garner foreclosed the argument in the Fifth Circuit and raised it to preserve the issue for further review. The government moved without opposition for summary affirmance or, alternatively, more time to file its brief.
The Court’s Holding
The Fifth Circuit held that Jackson’s constitutional challenge was foreclosed by Garner, which rejected the contention that Haymond renders § 3583(g) unconstitutional. Because that was Jackson’s only appellate argument, the court concluded that summary affirmance was proper.
The court granted the government’s motion for summary affirmance, denied its alternative motion for an extension of time to file a brief, and affirmed the district court’s judgment.
Key Takeaways
- Fifth Circuit precedent holds that 18 U.S.C. § 3583(g) is not unconstitutional under Haymond.
- A defendant may preserve a foreclosed constitutional argument for further review, but binding circuit precedent controls the panel’s decision.
- The court summarily affirmed because Jackson’s sole appellate argument was foreclosed.
Why It Matters
The decision confirms that Garner remains controlling in the Fifth Circuit for challenges to mandatory supervised-release revocation under § 3583(g). Unless that precedent is displaced through further review or intervening authority, defendants cannot obtain relief from a Fifth Circuit panel on the same Haymond-based theory.