United States v. Jones
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 6, 2026
Docket26-10308
StatusUnpublished
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Full Opinion
Case: 26-10308 Document: 47-1 Page: 1 Date Filed: 11/06/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-10308 November 6, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Montavion Jones,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-229-1
______________________________
Before Davis, Stewart, and Duncan, Circuit Judges.
Per Curiam: *
Montavion Jones appeals from the judgment of the district court
revoking his term of supervised release, imposing a sentence of 12 months of
imprisonment, and imposing a sentence of two years of supervised release.
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) the district court violated his Sixth Amendment right to have a jury
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-10308 Document: 47-1 Page: 2 Date Filed: 11/06/2026
No. 26-10308
determine whether he committed a crime in violation of the terms of his
supervised release.
Jones 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. Hinson, 429 F.3d 114, 119 (5th Cir. 2005). 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.
2