United States v. Badgett, No. 19-10146 (5th Cir. 2020)
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The Fifth Circuit affirmed the terms of supervised release and the revocation sentences imposed by the district court. In United States v. Haymond, 139 S. Ct. 2369 (2019), the Supreme Court struck down 18 U.S.C. 3583(k), a separate provision of the federal supervised-release statute that imposed a five-year minimum sentence on convicted sex offenders who committed certain specified sex offenses while on supervised release.
The court held that there is currently no caselaw from either the Supreme Court or this circuit extending Haymond to 18 U.S.C. 3583(g) revocations, and thus the district court could not have committed any "clear or obvious" error in applying the statute. The court also held that defendant's 48-month revocation sentence is not substantively unreasonable. In this case, defendant failed to identify any objective error in the district court’s within-Guidelines revocation sentence.
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