U.S. Court of Appeals for the Fifth Circuit, 2026

United States v. Strickland

United States v. Strickland
U.S. Court of Appeals for the Fifth Circuit · Decided September 3, 2026
United States v. Strickland

Opinion

Case: 26-10144 Document: 42-1 Page: 1 Date Filed: 09/03/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 26-10144 FILED Summary Calendar September 3, 2026 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Desmond Dejuan Strickland, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:19-CR-271-1 ______________________________ Before Willett, Duncan, and Engelhardt, Circuit Judges.

Per Curiam: * Desmond Dejuan Strickland appeals from the judgment of the district court revoking his term of supervised release and imposing 24 months of imprisonment. For the first time on appeal, he argues that: (1) 18 U.S.C. § 3583(g) is unconstitutional in light of United States v. Haymond, 588 U.S. 634 (2019), and (2) 18 U.S.C. § 3583(e) does not permit consideration of a defendant’s breach of trust when imposing a revocation sentence. He Case: 26-10144 Document: 42-1 Page: 2 Date Filed: 09/03/2026

No. 26-10144 correctly concedes that both of his arguments are foreclosed by our precedent. See United States v. Garner, 969 F.3d 550, 551-53 (5th Cir. 2020); United States v. Cano, 981 F.3d 422, 426 (5th Cir. 2020). Summary affirmance is therefore proper. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the Government’s unopposed motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

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