USA v. Adeyinka, No. 07-10793 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-10793 Conference Calendar March 5, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ADEKUNLE OLYUMUYIWA ADEYINKA Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:05-CR-20-ALL Before KING, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Adekunle Olyumuyiwa Adeyinka raises arguments that he concedes are foreclosed by United States v. Marmolejo, 915 F.2d 981, 983 (5th Cir. 1990), which explained that double jeopardy does not apply in supervised release revocation proceedings, and United States v. Hinson, 429 F.3d 114, 119 (5th Cir. 2005), which held that a defendant is not entitled to a jury trial to determine whether the terms of supervised * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 07-10793 release have been violated. The Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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