UNITED STATES v. ANDRADE (2021)

United States Court of Appeals, Fifth Circuit.2021-02-05No. No. 19-50660

Summary · law.co

Holding. The court granted the government's motion for summary affirmance and affirmed the district court's judgment, finding that Andrade's challenge to the supervised release condition was barred by prior controlling authority.

Juan Andrade received a 120-month prison sentence after pleading guilty to firearm possession by a felon. On appeal, he challenged a condition of supervised release in his sentencing judgment for the first time. The government filed an unopposed motion for summary affirmance, contending that Andrade's legal argument was already foreclosed by existing precedent.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether a felon's challenge to a supervised release condition is cognizable on appeal
Whether summary affirmance is appropriate when prior precedent forecloses a defendant's argument

Procedural posture

Andrade appealed his conviction and sentence, raising for the first time on appeal a challenge to a condition of supervised release imposed by the district court.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Juan Andrade was sentenced to 120 months of imprisonment following his guilty plea to a charge of possession of a firearm by a felon. For the first time on appeal, he challenges a condition of supervised release included in his written judgment. The Government has filed an unopposed motion for summary affirmance, arguing that Andrades argument is foreclosed.

Summary affirmance is appropriate if “the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case.” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The Government is correct that Andrades challenge to his condition of supervised release is foreclosed. See United States v. Diggles, 957 F.3d 551, 560-61 (5th Cir.) (en banc), cert. denied, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2020 WL 6551832 (U.S. Nov. 9, 2020) (No. 20-5836); United States v. Grogan, 977 F.3d 348, 353-54 (5th Cir. 2020). Accordingly, the Governments motion for summary affirmance is GRANTED, the Governments alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.

FOOTNOTES

FOOTNOTE

Per Curiam:*

FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.