United States v. Jaime Alvar Carvajal

Summary

The Fifth Circuit affirmed the revocation of Jaime Alvar Carvajal’s supervised release and his sentence of 12 months and one day of imprisonment. The court held that, because neither the Supreme Court nor the Fifth Circuit had extended United States v. Haymond to revocations under 18 U.S.C. § 3583(g), any alleged constitutional error was not plain.

Holdings

1. The district court did not commit plain error because neither the Supreme Court nor the Fifth Circuit had extended Haymond's constitutional holding concerning § 3583(k) to revocations under § 3583(g), so any alleged error was not clear or obvious.

Questions Presented

1. Whether 18 U.S.C. § 3583(g) is unconstitutional under United States v. Haymond because it does not require a jury determination beyond a reasonable doubt before supervised release is revoked and imprisonment is imposed.
2. Whether the district court committed plain error by revoking Carvajal's supervised release and imposing imprisonment under § 3583(g).

Disposition

affirmed