United States v. Garner, No. 19-10884 (5th Cir. 2020)Annotate this Case
18 U.S.C. 3583(g), which requires revocation of supervised release and a term of imprisonment for certain drug and gun violations, is not unconstitutional under United States v. Haymond, 130 S. Ct. 2369 (2019). In Haymond, the Supreme Court held that a different mandatory revocation provision, section 3583(k), violates the Fifth and Sixth Amendments.
The Fifth Circuit held that section 3583(g) lacks the three features which led the Supreme Court to hold section 3583(k) unconstitutional: first, while subsection (g) singles out certain conduct, only some of it is criminal; second, although subsection (g) takes away the judge's discretion to decide whether a violation should result in imprisonment, it does not dictate the length of the sentence; and third, subsection (g) does not limit the judge's discretion in the same "particular manner" as subsection (k). Therefore, the district court did not err in its revocation decision.
The court issued a subsequent related opinion or order on August 14, 2020.