United States v. Vasquez ( 2022 )

Case: 21-51169 Document: 00516376941 Page: 1 Date Filed: 06/30/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 30, 2022
No. 21-51169
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Vidal Vasquez, Jr.,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:11-CR-1821-1
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam:*
Following the revocation of Vidal Vasquez, Jr.’s supervised-release
term, the district court sentenced him to 12 months of imprisonment and a
five-year term of supervised release. Vasquez’s sole claim, raised for the first
time on appeal, challenges a condition of supervised release providing that if
*
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opinion should not be published and is not precedent except under the limited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: 21-51169 Document: 00516376941 Page: 2 Date Filed: 06/30/2022
No. 21-51169
his probation officer determines that he poses a risk to another person, the
officer may require him to notify that person of the risk. Vasquez 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 by United States v.
Mejia-Banegas, 32 F.4th 450, 451-52 (5th Cir. 2022), in which this court
rejected the same argument and held that the district court did not err, plainly
or otherwise, by imposing the same risk-notification condition. We
accordingly AFFIRM the judgment of the district court.
2