Legal Opinion

United States v. Jermaine Barber

Court of Appeals for the Fifth Circuit

Decided August 3, 2017No. 16-41354PublishedCited by 15 opinions

1Per curiam

Jermaine Barber pleaded guilty to one count of possession of 100 kilograms or more of marijuana with intent to distribute and received a below-guidelines sentence of twelve months and one day in prison as well as a three-year term of supervised release. On appeal, Barber challenges the substance-abuse treatment special condition of his supervised release. Because this special condition is ambiguous as to the scope of the district court’s delegation of authority to the probation office, we VACATE the substance-abuse treatment special condition and REMAND to the district court for resentencing.

I

2Cases cited12 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. United States v. Torres-AguilarCourt of Appeals for the Fifth Circuit · 2004
  3. United States v. Calvin Edward PrudenCourt of Appeals for the Third Circuit · 2005
  4. United States v. AlbroCourt of Appeals for the Fifth Circuit · 1994
  5. United States v. Ephesian FranklinCourt of Appeals for the Fifth Circuit · 2016

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3Cited by15 opinions

  1. United States v. Howard HalversonCourt of Appeals for the Fifth Circuit · 2018
  2. United States v. WillisCourt of Appeals for the Fifth Circuit · 2023
  3. United States v. MartinezCourt of Appeals for the Fifth Circuit · 2021
  4. United States v. HuertaCourt of Appeals for the Fifth Circuit · 2021
  5. United States v. Mejia-BanegasCourt of Appeals for the Fifth Circuit · 2022

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