United States v. Villarreal

Opinion

Case: 25-11350 Document: 42-1 Page: 1 Date Filed: 06/10/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED June 10, 2026 No. 25-11350 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Omar Villarreal,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:17-CR-64-1 ______________________________

Before King, Haynes, and Ho, Circuit Judges. Per Curiam:* Omar Villarreal appeals from the judgment of the district court revoking his term of supervised release and imposing seven months of imprisonment and an additional term of supervised release. For the first time on appeal, he argues that 18 U.S.C. § 3583(g) is unconstitutional in light of United States v. Haymond, 588 U.S. 634 (2019). He correctly concedes that

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-11350 Document: 42-1 Page: 2 Date Filed: 06/10/2026

No. 25-11350

his position is foreclosed. See United States v. Garner, 969 F.3d 550, 551-53 (5th Cir. 2020). Summary affirmance is therefore proper. 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 to file a brief is DENIED, and the district court’s judgment is AFFIRMED.