Case Explained: Summary Calendar United States of America Plaintiff— v. Andre Demarcus Rubell Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-17 The Fifth Circuit affirmed the district court’s judgment revoking Andre Demarcus Rubell’s term of supervised release and imposing a 12-month prison sentence. The court held that Rubell’s argument—that 18 U.S.C. § 3583(g) is unconstitutional under *United States v. Haymond* because it mandates revocation and imprisonment without a jury trial or proof beyond a reasonable doubt—is foreclosed by the Fifth Circuit’s prior decision in *United States v. Garner*, 969 F.3d 550 (5th Cir. 2020). Applying the standard for summary affirmance under *Groendyke Transp., Inc. v. Davis*, the court granted the government’s unopposed motion for summary affirmance and denied its alternative motion for an extension of time, resulting in the immediate affirmation of the lower court’s judgment. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.