United States v. Minger

Opinion

Case: 25-11212 Document: 52-1 Page: 1 Date Filed: 07/28/2026

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

FILED

No. 25-11212 July 28, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Derek Lyn Minger,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CR-243-1

______________________________

Before Willett, Duncan, and Engelhardt, Circuit Judges. Per Curiam: * Derek Lyn Minger appeals from the revocation of his supervised release and the resulting sentence of 28 months’ imprisonment followed by 30 months of supervised release. He challenges a condition of supervised release requiring him to participate in sex-offender treatment that may include plethysmograph testing. Minger acknowledges that his challenge is foreclosed but raises it to preserve the issue for further review. The

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-11212 Document: 52-1 Page: 2 Date Filed: 07/28/2026

No. 25-11212

Government has filed an unopposed motion for summary affirmance, agreeing that the issue is foreclosed. In the alternative, it seeks an extension of time to file its brief.

Minger’s challenge to the supervised-release condition is not ripe for review. See United States v. Ellis, 720 F.3d 220, 227 (5th Cir. 2013). We therefore lack jurisdiction over it, and the appeal is DISMISSED. See United States v. Magana, 837 F.3d 457, 459-60 (5th Cir. 2016). The Government’s motion for summary affirmance and its alternative motion for an extension of time to file a brief are DENIED AS MOOT.