United States v. Nunes

Case: 25-11180 Document: 50-1 Page: 1 Date Filed: 05/13/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 13, 2026 No. 25-11180 Summary Calendar Lyle W. Cayce Clerk ____________ United States of America, Plaintiff—Appellee, versus Robert J. Nunes, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:13-CR-84-1 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam:* Robert J. Nunes appeals the sentence imposed following the revocation of his supervised release. Nunes argues that the district court plainly erred in imposing, as part of his new 10-year supervised release term, an unconditional ban on contact with minors because the condition is not sufficiently narrowly tailored to achieve a balance between protecting his _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-11180 Document: 50-1 Page: 2 Date Filed: 05/13/2026

No. 25-11180 liberty interest in freely associating with minors and the Government’s interest in protecting the public. See 18 U.S.C. § 3583(d)(2); United States v. Weatherton, 567 F.3d 149, 152-53 (5th Cir. 2009).

Although the issue may be “subject to reasonable dispute,” Nunes has not shown that the district court, in imposing the 10-year associational ban, clearly or obviously erred under our existing precedent. Puckett v. United States, 556 U.S. 129, 135 (2009). Accordingly, he has failed to show plain error. See id. AFFIRMED.