Summary
**United States v. Andrade, 5th Cir. 2021 (unpublished)** – Felon-in-possession appeal challenging a supervised release condition for the first time on appeal. The Fifth Circuit granted summary affirmance, holding the challenge was foreclosed by *United States v. Diggles* (en banc) and *United States v. Grogan*. The court affirmed the 120-month sentence and the disputed condition.
Topics
Practice areas
Questions Presented
- Whether Andrade's challenge to the condition of supervised release is foreclosed by Fifth Circuit precedent.
Holdings
- Andrade's challenge to his condition of supervised release is foreclosed by United States v. Diggles and United States v. Grogan.
Key quotations
“Summary affirmance is appropriate if 'the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case.'” (2)
“The Government is correct that Andrade’s challenge to his condition of supervised release is foreclosed.” (2)
Factual background
Juan Andrade pleaded guilty to possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). He was sentenced to 120 months of imprisonment. The written judgment included a condition of supervised release that Andrade now challenges for the first time on appeal.
Procedural history
Andrade pleaded guilty to possession of a firearm by a felon and was sentenced to 120 months imprisonment. He appeals, challenging a condition of supervised release included in the written judgment for the first time.