United States v. Alcantar ( 2022 )

Case: 21-51182 Document: 00516375997 Page: 1 Date Filed: 06/29/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-51182 June 29, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Jesus Alcantar,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:21-CR-1001-1
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:*
Jesus Alcantar appeals the sentence imposed after his guilty plea
conviction for making counterfeit obligations or securities in violation of
18 U.S.C. § 471. For the first time on appeal, he challenges the condition of
his supervised release stating that, if the probation officer determines that
*
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opinion should not be published and is not precedent except under the limited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: 21-51182 Document: 00516375997 Page: 2 Date Filed: 06/29/2022
No. 21-51182
Alcantar presents a risk to another person, the probation officer may require
him to notify the person of that risk and may contact the person to confirm
that notification occurred. The Government has filed an unopposed motion
for summary affirmance in which it contends that Alcantar’s claim is
foreclosed by our recent decision in United States v. Mejia-Banegas, 32 F.4th
450 (5th Cir. 2022).
Alcantar contends the district court erred in imposing the risk-
notification condition because it constitutes an impermissible delegation of
judicial authority to the probation officer. Mejia-Banegas rejected this same
argument, holding that the district court did not err, plainly or otherwise, by
imposing the same condition. 32 F.4th at 451-52. The Government is thus
correct that summary disposition 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, the Government’s alternative motion for an extension of time
to file a brief is DENIED as moot, and the district court’s judgment is
AFFIRMED.
2