Case: 21-50506 Document: 00516336455 Page: 1 Date Filed: 05/27/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 27, 2022
No. 21-50506
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jesus Manuel Ponce-Navarrete,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:20-CR-575-1
Before Davis, Southwick, and Higginson, Circuit Judges.
Per Curiam:*
Jesus Manuel Ponce-Navarrete appeals the sentence of 24 months in
prison and three years of supervised release imposed after he pleaded 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
*
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opinion should not be published and is not precedent except under the limited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: 21-50506 Document: 00516336455 Page: 2 Date Filed: 05/27/2022
No. 21-50506
another person, the officer may require him to notify that person of the risk.
Ponce-Navarrete 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, __ F.4th __, No. 21-50459, 2022 WL 1223190, at *1-2 (5th
Cir. Apr. 26, 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