United States v. Adeyinka , 268 F. App'x 312 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 5, 2008
No. 07-10793
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ADEKUNLE OLYUMUYIWA ADEYINKA
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CR-20-ALL
Before KING, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Adekunle Olyumuyiwa
Adeyinka raises arguments that he concedes are foreclosed by United States v.
Marmolejo, 915 F.2d 981, 983 (5th Cir. 1990), which explained that double
jeopardy does not apply in supervised release revocation proceedings, and United
States v. Hinson, 429 F.3d 114, 119 (5th Cir. 2005), which held that a defendant
is not entitled to a jury trial to determine whether the terms of supervised
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
No. 07-10793
release have been violated. The Government’s motion for summary affirmance
is GRANTED, and the judgment of the district court is AFFIRMED.
2