United States v. Gray

Opinion

Case: 25-60679 Document: 65-1 Page: 1 Date Filed: 06/26/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-60679 FILED June 26, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Mims Jacquez Gray, III,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:19-CR-120-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam:* Mims Jacquez Gray, III, appeals his revocation sentence, arguing that the supervised release conditions labeled “standard” in the written judgment should be stricken because they conflict with the district court’s oral pronouncement of his sentence. See United States v. Diggles, 957 F.3d 551, 559-62 (5th Cir. 2020) (en banc).

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-60679 Document: 65-1 Page: 2 Date Filed: 06/26/2026

No. 25-60679

In United States v. Gomez, 960 F.3d 173, 180 (5th Cir. 2020), we reviewed a claimed Diggles error for plain error because the district court orally adopted the conditions of supervised release imposed in a prior judgment, “giving the defense ample notice of its contents and opportunity to object.” Finding that the district court’s actions left little doubt as to the conditions adopted at the resentencing hearing and created no conflict with the written judgment, we affirmed the judgment of the district court. Id. at 180 & n.31. For the same reasons, we find no error in this case. AFFIRMED.