United States v. Marshall
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 5, 2026
Docket26-30158
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Case: 26-30158 Document: 66-1 Page: 1 Date Filed: 11/05/2026
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 26-30158 FILED
Summary Calendar November 5, 2026
____________ Thomas B. Plunkett, III
Clerk
United States of America,
Plaintiff—Appellee,
versus
Raymond Marshall,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:19-CR-172-1
______________________________
Before King, Higginson, and Douglas, Circuit Judges.
Per Curiam: *
Raymond Marshall appeals the revocation of his supervised release
and the resulting sentence. First, he argues that the district court plainly
erred by finding that he committed battery upon his pregnant dating partner
based entirely on hearsay without finding good cause for the alleged victim’s
absence or assessing the reliability of her statements. Because there is no
authority that requires a specific good cause finding if a defendant fails to
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-30158 Document: 66-1 Page: 2 Date Filed: 11/05/2026
No. 26-30158
make a proper objection, the district court’s failure in this case to conduct a
sua sponte balancing and decide whether there was good cause to excuse
confrontation is not clear or obvious error. See United States v. McDowell, 973
F.3d 362, 365-66 (5th Cir. 2020).
Second, Marshall argues that the district court abused its discretion in
finding by a preponderance of the evidence that he violated mandatory
condition number one of his supervised release through his possession of a
stolen truck. Any error in the district court’s reliance on Marshall’s
possession of a stolen truck in revoking his supervised release was harmless
because there was an adequate basis for revoking Marshall’s supervised
release in light of his other Grade B violation and three Grade C violations.
See United States v. English, 400 F.3d 273, 276 (5th Cir. 2005).
In the alternative, Marshall argues that the district court erroneously
classified that stolen truck violation as a Grade B violation. He failed to
preserve this issue for appeal. See United States v. Warren, 720 F.3d 321, 326-
27 (5th Cir. 2013). Because Marshall’s challenge to the district court’s
finding that he committed another Grade B violation does not survive plain
error review on appeal, he is unable to show that any error affected his
substantial rights. See Puckett v. United States, 556 U.S. 129, 135 (2009).
AFFIRMED.
2