United States v. Estrada
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 22, 2026
Docket25-50963
StatusPublished
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Full Opinion
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United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 25-50963
FILED
October 22, 2026
____________
Thomas B. Plunkett, III
United States of America, Clerk
Plaintiff—Appellee,
versus
Jose Estrada,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:24-CR-381-1
______________________________
Before Jones, Southwick, and Duncan, Circuit Judges.
Per Curiam:
Jose Estrada, proceeding pro se, appeals the denial of his motion to
terminate his term of supervised release. He raises a jurisdictional issue
based on the fact that the court in Pennsylvania that sentenced him
transferred his supervision to a court in Texas, doing so while his appeal on a
different matter was pending in the Third Circuit Court of Appeals. He
argues the Texas court never received jurisdiction. He also asserts the Texas
district court erred in denying the motion to terminate.
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We conclude that an appeal on an issue that will not be affected by a
transfer leaves the district court with authority to transfer jurisdiction over
someone on supervised release. We also conclude that the district court
acted within its discretion in declining to end supervision. AFFIRMED.
FACTUAL AND PROCEDURAL BACKGROUND
In 2013, Estrada pled guilty in the United States District Court for the
Eastern District of Pennsylvania, to conspiring to distribute, and attempting
to distribute, more than one kilogram of heroin. See 21 U.S.C. § 846. He
was sentenced to 240 months of imprisonment and five years of supervised
release. That sentence was later reduced to 188 months under 18 U.S.C. §
3582(c)(2). In 2024, the sentencing court granted compassionate release
under Section 3582(c)(1)(A), reducing the term of imprisonment to time
served. The compassionate-release order left the five-year term of
supervised release in place and directed that its first six months be served on
home detention. Id.
On August 7, 2024, Estrada was released on supervision. The same
day, he filed a notice of appeal from the compassionate-release order,
challenging the home-detention condition. After being released, Estrada
intended to live in the Western District of Texas. Consequently, five days
after his release, the Pennsylvania district court transferred jurisdiction over
his supervision to that Texas district. See 18 U.S.C. § 3605. The Western
District of Texas accepted the transfer the next day. In December 2024, the
Third Circuit affirmed the compassionate-release order. Estrada, 2024 WL
5088107, at *1–3.
In August 2025, Estrada filed a motion in the Eastern District of
Pennsylvania to terminate his supervised release under 18 U.S.C. §
3583(e)(1). That court denied the motion as moot because supervision had
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been transferred, and it directed Estrada to seek relief in the Western District
of Texas.
Accordingly, on September 8, 2025, Estrada filed a motion to
terminate his supervised release in the Western District of Texas. He argued
that the Section 3605 transfer order was void ab initio because his notice of
appeal had divested the Pennsylvania district court of jurisdiction to enter it.
On the merits, he argued that his age, chronic and deteriorating health,
completion of rehabilitative programming, and clean disciplinary record
made continued supervision unwarranted under the factors set out in 18
U.S.C. § 3553(a), and that his medical conditions made reporting
disproportionately burdensome.
The Texas court denied his motion on October 8, 2025. Estrada
moved for reconsideration. After briefing, the district court denied
reconsideration in a written order. Undeterred, Estrada moved to alter or
amend the judgment, renewing his jurisdictional objection and arguing that
the court had relied on improper retributive considerations. The district
court denied that motion in a third written order. Estrada timely appealed.
DISCUSSION
A. Authority of Pennsylvania District Court to Transfer Supervision
An order denying a motion to terminate supervised release under
Section 3583(e)(1) is a final order of the court. See United States v. Jeanes,
150 F.3d 483, 484 (5th Cir. 1998). If the Eastern District of Pennsylvania
lacked authority to order that transfer, the Western District of Texas lacked
jurisdiction to entertain Estrada’s motion. See In re Scruggs, 392 F.3d 124,
129 (5th Cir. 2004). That lack of jurisdiction would not, however, divest this
court of jurisdiction over the appeal from a final order issued by the Texas
court. The circuit courts of appeals have a statutory grant of jurisdiction over
“appeals from all final decisions of the district courts of the United States.”
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28 U.S.C. § 1291. Among our obligations is to review de novo any issue of the
jurisdiction of the district court that issued the final order. See United States
v. Fernandez, 379 F.3d 270, 273 (5th Cir. 2004).
Estrada argues that his notice of appeal from the compassionate-
release order divested the Eastern District of Pennsylvania of jurisdiction
over the “matters” involved in that appeal, and any order entered in defiance
of that divestiture is void. Second, he argues that the issues raised in the
appeal to the Third Circuit were sufficiently related to his supervision as to
prevent the transfer. We will consider those arguments after examining the
relevant statute.
1. Statutory Authority to Transfer Supervision
By its terms, Section 3605 applies to “a probationer or person on
supervised release.” 18 U.S.C. § 3605. It permits transfer only: (1) “after
imposing a sentence,” (2) to a district “to which the person is required [or
permitted] to proceed as a condition of his probation or release,” and (3)
“with the concurrence of such court.” Id. The transferee court “is
authorized to exercise all powers over the probationer or releasee that are
permitted by” the supervision provisions of Title 18. Id.
These preconditions were satisfied. Estrada was sentenced by the
Pennsylvania court in 2013; he had been released to supervision five days
before the transfer order was entered; he was permitted to reside in the
Western District of Texas; and the Western District of Texas concurred in
the transfer.
2. Divesting of jurisdiction to transfer pending an appeal
Before the transfer was ordered by the Pennsylvania district court,
Estrada filed a notice of appeal to the Court of Appeals for the Third Circuit.
The filing of a notice of appeal “confers jurisdiction on the court of appeals
and divests the district court of its control over those aspects of the case involved
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in the appeal.” Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982)
(emphasis added). The rule therefore does not strip the district court of
authority over all matters in the case; it strips authority over the matters the
appellate court has been asked to decide. What those matters are of course
depends on the nature of the appeal. The rule is meant to avoid the confusion
and inefficiency of two courts addressing the same question at the same time.
See id. at 58–59.
Estrada’s argument in the Third Circuit was that he could not be
required to serve his five-year term of supervised release with an initial period
of home detention. See Estrada, 2024 WL 5088107, at *2 & n.4. The district
court’s transfer order to the Western District of Texas did not affect that
requirement. It did not lengthen or shorten the term, add or remove a
condition, or alter the home-detention requirement. It designated which
district court, and which probation office, would administer a term of
supervision whose content the transfer left exactly as the Pennsylvania court
had set it.
We interpret the caselaw we cited to mean that unless and until the
Third Circuit agreed with his arguments, Estrada’s supervision in Texas
would be subject to the home detention term imposed by the Pennsylvania
district court. Should the Third Circuit agree with Estrada’s argument, the
changed term would then apply in Texas. While the appeal was pending, the
Texas district court had no jurisdiction to address home detention.
Ultimately, as already mentioned, the Third Circuit rejected the argument
and left home-detention in place. Estrada, 2024 WL 5088107, at *2.
A recent decision of this court supports this interpretation. See United
States v. Boswell, 109 F.4th 368 (5th Cir. 2024). There, the defendant noticed
an appeal from his judgment of conviction and sentence. Seven weeks later
the district court, which had reserved the question, imposed over $646,000
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in restitution as a condition of supervised release. Id. at 377. The defendant
argued that his notice of appeal had stripped the district court of jurisdiction
to revisit the terms of supervised release. We reviewed other circuit court
decisions in which the courts “generally recognized that a notice of appeal
does not deprive the district court of jurisdiction to modify the terms of
supervision,” and we “agree[d] with our sister circuits,” relying in part on
“the district court’s jurisdiction to modify conditions of supervised release
during the pendency of an appeal.” Id. at 385–87 (citing United States v.
D’Amario, 412 F.3d 253, 255 (1st Cir. 2005); United States v. Ramer, 787 F.3d
837, 838–39 (7th Cir. 2015); United States v. Caton, No. 21-30168, 2022 WL
17547826, at *1 (9th Cir. Dec. 9, 2022)).
Estrada argues that a Section 3605 transfer is categorically different
from the modification of conditions at issue in Boswell and D’Amario. A
modification, he says, is a “routine” exercise of the sentencing court’s
ongoing supervisory powers under Section 3583(e), whereas a transfer is a
“one-time structural shift of supervisory power” by which the sentencing
court “divest[s] itself of jurisdiction in favor of another district.” We agree
that a transfer differs from a modification. That difference, though, cuts
against Estrada. A modification under Section 3583(e)(2) changes what the
releasee must do; it can add obligations, as the restitution order in Boswell
did, or restrict liberty. A transfer under Section 3605 changes only which
court and which probation office administer obligations that remain the same.
Estrada also argues that D’Amario rested on the need to avoid a
“supervision vacuum” during an appeal, and that no such vacuum was
threatened here. Whether a transfer was necessary, however, is not the
question. Section 3605 commits the choice between formal transfer and
other arrangements to the sentencing court’s discretion, subject to the
transferee court’s concurrence, and this court has recognized that the
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sentencing court may exercise that discretion on its own motion. Fernandez,
379 F.3d at 273.
We also reject Estrada’s final argument, that upholding the transfer
would produce results Congress could not have intended. To the contrary,
supervision is carried out by the probation office in the district where the
releasee lives. See 18 U.S.C. § 3603. If a notice of appeal froze the sentencing
court’s power to transfer, presumably it would have either frozen Estrada in
place in Pennsylvania so he could be supervised there, or left him with no
supervision in Texas until the Third Circuit appeal concluded. Neither can
be Congress’s purpose in the transfer statute.
In conclusion, the pendency of an appeal from an order imposing or
continuing supervised release does not divest the sentencing court of its
authority under Section 3605 to transfer jurisdiction over the releasee to the
district in which he is permitted to reside. The Western District of Texas
had jurisdiction to decide Estrada’s motion.1
B. The district court denial of early termination
Estrada’s arguments that the court erred in denying his motion to
terminate supervised release are reviewed for abuse of discretion. Jeanes, 150
F.3d at 484–85. The arguments about error in the denial of a motion for
reconsideration are also reviewed for abuse of discretion. United States v.
Jarman, 847 F.3d 259, 264 (5th Cir. 2017). A district court abuses its
discretion if it bases its decision on “an error of law or a clearly erroneous
_____________________
1
The Government argues in the alternative that the Third Circuit’s affirmance,
which came before Estrada filed his motion in Texas, rendered his jurisdictional objection
moot. Estrada responds that a later affirmance cannot cure an order that was void when
entered. Because we hold that the transfer order was valid when entered, we need not
resolve that dispute, and we do not adopt the district court’s mootness reasoning.
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assessment of the evidence.” United States v. Caillier, 80 F.4th 564, 569 (5th
Cir. 2023).
Section 3583(e)(1) permits a district court, after considering the
factors set forth in § 3553(a)(1), (a)(2)(B)–(D), and (a)(4)–(7), to “terminate
a term of supervised release and discharge the defendant released at any time
after the expiration of one year of supervised release . . . if it is satisfied that
such action is warranted by the conduct of the defendant released and the
interest of justice.” 18 U.S.C. § 3583(e)(1). It sets a floor of one year, which
Estrada had served when he filed his motion, and it directs the court to weigh
the enumerated factors. It does not require termination whenever a releasee
has complied with his conditions. “In sum, the statute confers broad
discretion.” Jeanes, 150 F.3d at 484. Compliance and rehabilitation are what
supervision is designed to produce, and a district court does not abuse its
discretion by declining to treat them as sufficient reason to end supervision
early. See id. at 484–85.
1. The district court’s possible reliance on impermissible factors
Estrada argues the district court relied on improper reasons to deny
his motion. Section 3583(e) directs a court to consider certain of the Section
3553(a) factors but omits Section 3553(a)(2)(A), which concerns “the
seriousness of the offense,” “respect for the law,” and “just punishment.”
Estrada relies on a Supreme Court decision that held that a court deciding
whether to revoke supervised release under Section 3583(e)(3) “cannot
consider § 3553(a)(2)(A).” Esteras v. United States, 606 U.S. 185, 195 (2025).
Estrada argues that the same limitation governs early termination under
Section 3583(e)(1), which incorporates the identical list of factors, and that
the district court violated it by resting its decision on the seriousness of his
original offense and his criminal history.
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Here, the district court stated expressly that it grounded the denial in
the need to “afford adequate deterrence and protect the public.” Those are
proper considerations under Section 3553(a)(2)(B) and (C), which Section
3583(e) expressly incorporates.
Estrada alleges the district court also improperly considered his
original offense conduct and criminal history, which he says qualifies as
“retribution” “through the back door.” That is not so, as Section 3583(e)
also incorporates Section 3553(a)(1), “the nature and circumstances of the
offense and the history and characteristics of the defendant.” Esteras
explains how the two fit together. “A court may consider the nature and
circumstances of the offense as relevant for the considerations set forth in §§
3553(a)(2)(B), (C), and (D) — namely, deterrence, incapacitation, and
rehabilitation.” 606 U.S. at 200. What it may not do is consider those facts
“as relevant to § 3553(a)(2)(A)’s retributive focus.” Id. The Court offered
an example: “if the defendant’s original offense was particularly violent, that
fact might inform the court’s judgment as to whether revocation is necessary
‘to protect the public from further crimes.’” Id.
The district court, accordingly, reasoned that a man who organized a
multi-kilogram heroin importation, while armed, at age 65 and with the same
disabilities he now cites — and whose record includes a homicide and a string
of prior sentences that did not deter him — presents a risk that supervision
continues to address, and that his age and health cannot be assumed to have
eliminated that risk when they did not prevent the offense of conviction.
That is a judgment about deterrence and public protection, made on the basis
of factors Section 3583(e) directs the court to consider. It is not legal error.
Estrada also argues that the Pennsylvania district court, when granting
compassionate release, found that he posed no danger to the community. He
argues the Texas district court improperly relitigated that finding. He
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mischaracterizes the Pennsylvania’s court’s finding, which was only that
continued imprisonment was no longer warranted. Nothing in that order
required the Western District of Texas to terminate supervision a year later.
2. Estrada’s procedural objections
Estrada next argues that the district court’s initial order gave no
reasons and did not address his jurisdictional objection. On reconsideration,
though, the court set out its reasoning in writing, addressed jurisdiction, and
explained its view of the merits.
Estrada also objects that the initial order referred to
“recommendations” from the Probation Office and the Government that
were never filed, served, or described, and he contends that reliance on them
denied him due process and an adversarial process. Of course, consultation
with the probation officer and the Government is a routine feature of early-
termination practice, and the Guidelines contemplate it. See U.S.S.G. §
5D1.4. More to the point, the reasoned orders we review do not rest on any
undisclosed recommendation. They rest on facts of record concerning
Estrada’s offense conduct and criminal history and on the Government’s
written response, to which Estrada replied. The referenced but undisclosed
recommendations did not invalidate the district court’s decision.
3. District court’s weighing of the factors
Estrada’s remaining arguments are that the district court gave
insufficient weight to his age, disability, and compliance, failed to conduct
the “individualized assessment” contemplated by U.S.S.G. § 5D1.4, and
relied on speculation about present risk without current medical evidence or
a probation risk assessment. These arguments go to the weight the court
assigned the competing considerations, and the record does not support the
conclusion that the court ignored the mitigating factors.
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Further, a district court “need not engage in robotic incantations that
each statutory factor has been considered.” United States v. Smith, 440 F.3d
704, 707 (5th Cir. 2006) (internal quotation marks and citation omitted). We
conclude the district court sufficiently explained its decision.
The weight to be assigned to competing Section 3553(a) factors is
committed to the district court, and “[t]he fact that the appellate court might
reasonably have concluded that a different sentence was appropriate is
insufficient to justify reversal of the district court.” Gall v. United States, 552
U.S. 38, 51 (2007). The district court’s holding was reasonable on the record.
Because we affirm, Estrada’s request that any remand be assigned to
a different judge is moot.
AFFIRMED.
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