United States v. Overman
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 6, 2026
Docket26-10486
StatusUnpublished
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Full Opinion
Case: 26-10486 Document: 41-1 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. 26-10486 November 6, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
David Thomas Overman,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:22-CR-90-1
______________________________
Before Willett, Duncan, and Engelhardt, Circuit Judges.
Per Curiam: *
David Thomas Overman appeals from the judgment of the district
court revoking his term of supervised release and imposing nine months of
imprisonment. For the first time on appeal, he argues that 18 U.S.C.
§ 3583(g) is unconstitutional in light of United States v. Haymond, 588 U.S.
634 (2019), because it requires revocation of a term of supervised release and
imposition of a term of imprisonment without affording a defendant the
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-10486 Document: 41-1 Page: 2 Date Filed: 11/06/2026
No. 26-10486
constitutionally guaranteed right to a jury trial or requiring proof beyond a
reasonable doubt. The Government has moved without opposition for
summary affirmance.
Overman correctly concedes that his argument is foreclosed. See
United States v. Garner, 969 F.3d 550, 551-53 (5th Cir. 2020). Because the
Government’s position “is clearly right as a matter of law so that there can
be no substantial question as to the outcome of the case,” summary
affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158,
1162 (5th Cir. 1969).
Accordingly, the Government’s 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