United States v. Padilla-Perez

Opinion

Case: 25-51059 Document: 47-1 Page: 1 Date Filed: 07/06/2026

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

No. 25-51059 FILED July 6, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Juan David Padilla-Perez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:25-CR-1767-1 ______________________________

Before Davis, Wilson, and Douglas, Circuit Judges. Per Curiam:* Juan David Padilla-Perez appeals the sentence of 21 months of imprisonment and one year of supervised release imposed after he pleaded guilty to illegal reentry. For the first time on appeal, he challenges the condition of his supervised release providing that if the probation officer determines that he poses a risk to another person, the officer may require him

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-51059 Document: 47-1 Page: 2 Date Filed: 07/06/2026

No. 25-51059

to notify that person of the risk. Padilla-Perez contends that the condition improperly delegates judicial authority to the probation officer. He concedes that the issue is foreclosed by United States v. Mejia-Banegas, 32 F.4th 450 (5th Cir. 2022), but he seeks to preserve it for further review. The Government moves for summary affirmance and, alternatively, for an extension of time in which to file an appellate brief. The parties are correct that the issue is foreclosed by circuit precedent. See Mejia-Banegas, 32 F.4th at 451-52. Summary affirmance is therefore appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.