United States v. Castaneda-Acevedo ( 2022 )

Case: 21-50675 Document: 00516370030 Page: 1 Date Filed: 06/24/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 24, 2022
No. 21-50675
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Jose Castaneda-Acevedo,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:21-CR-50-1
Before Southwick, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Jose Castaneda-Acevedo appeals his sentence of 16 months in prison
and three years of supervised release imposed after he pled guilty to illegal
reentry. His sole claim challenges a condition of supervised release providing
that if his probation officer determines that he poses a risk to another person,
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-50675 Document: 00516370030 Page: 2 Date Filed: 06/24/2022
No. 21-50675
the officer may require him to notify that person of the risk. Castaneda-
Acevedo argues that the district court erred in imposing this condition
because it constitutes an impermissible delegation of judicial authority.
The sole issue in this appeal is now foreclosed We recently rejected
the same argument and held that the district court did not err, plainly or
otherwise, by imposing the same risk-notification condition. United States
v. Mejia-Banegas, 32 F.4th 450, 452 (5th Cir. 2022).
AFFIRM.
2