United States v. Turner

Case: 25-30490 Document: 68-1 Page: 1 Date Filed: 09/08/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED September 8, 2026 No. 25-30490 Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Brandon Turner, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:24-CR-140-1 ______________________________ Before Jones, Southwick, and Willett, Circuit Judges.

Per Curiam: * Brandon Turner pled guilty to possessing with intent to distribute fentanyl and cocaine hydrochloride, possessing a firearm in furtherance of a drug-trafficking crime, and possessing a firearm after a felony conviction.

At sentencing, the district court stated that Turner would have to undergo random urinalyses and would be required to participate in a substance-abuse program if he tested positive for the use of illegal narcotics.

Case: 25-30490 Document: 68-1 Page: 2 Date Filed: 09/08/2026

No. 25-30490

The written judgment, however, requires Turner to participate in a substance-abuse program without regard for the precondition of a failed urinalysis. “Where there is an actual conflict between the district court’s oral pronouncement of sentence and the written judgment, the oral pronouncement controls.” United States v. Pelayo-Zamarripa, 81 F.4th 456, 459 (5th Cir. 2023) (quoting United States v. Mireles, 471 F.3d 551, 557 (5th Cir. 2006)). The Government agrees that there is an actual conflict between the district court’s oral pronouncement and written judgment regarding this special condition of supervised release.

We VACATE the judgment only insofar as it omits the precondition of a failed urinalysis. We otherwise AFFIRM the judgment. The case is REMANDED to the district court for the entry of an amended written judgment that conforms with the orally pronounced condition of supervised release.