United States v. Wright

Case: 24-10957 Document: 45-1 Page: 1 Date Filed: 04/30/2025

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 24-10957

Summary Calendar FILED ____________ April 30, 2025

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Garlin Jacquez Wright,

Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-350-1

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Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: *

Garlin Jacquez Wright pleaded guilty of possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1), and was sentenced to 54 months of imprisonment followed by three years of supervised release. Wright’s term of supervised release was ultimately revoked, and the district court imposed a revocation sentence of 18 months of imprisonment. On Case: 24-10957 Document: 45-1 Page: 2 Date Filed: 04/30/2025

No. 24-10957 appeal, Wright raises constitutional challenges to the revocation of her supervised release and the imposition of a revocation sentence. The Government has filed an unopposed motion for summary affirmance, or alternatively, for an extension of time to file a brief.

Wright argues that the district court plainly erred and violated both the Sixth Amendment and Article III, Section 2 of the United States Constitution by revoking her supervised release for the commission of a new crime based on a preponderance of the evidence and without a jury trial. The parties correctly conclude that this argument is foreclosed. See United States v. Hinson, 429 F.3d 114, 118–19 (5th Cir. 2005).

Because summary affirmance is appropriate here, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.