USA v. Metcalf

UNPUBLISHED OPINION FILED. [26-10269 Affirmed ] Judge: PR , Judge: CH , Judge: JEG Mandate issue date is 09/04/2026 for Appellant Monica Renee Metcalf; granting Motion for summary affirmance filed by Appellee USA [10897118-2]; denying as moot Motion to extend time to file appellee's brief filed by Appellee USA [10897118-3] [26-10269]Court Of Appeals 5Aug 14, 2026

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United States Court of Appeals
for the Fifth Circuit
____________

No. 26-10269
Summary Calendar
____________

United States of America,

Plaintiff—Appellee,

versus

Monica Renee Metcalf,

Defendant—Appellant.
______________________________

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-87-2
______________________________

Before Richman, Haynes, and Graves, Circuit Judges.
Per Curiam:
*

Monica Renee Metcalf appeals from the judgment of the district court
revoking her term of supervised release and imposing a six-month term of
imprisonment and an additional term of supervised release. For the first time
on appeal, Metcalf argues that 18 U.S.C. § 3583(g) is unconstitutional in light
of United States v. Haymond, 588 U.S. 634 (2019). However, she correctly
acknowledges that her challenge is foreclosed by United States v. Garner, 969

*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
United States Court of Appeals
Fifth Circuit
FILED
August 14, 2026

Lyle W. Cayce
Clerk
Case: 26-10269 Document: 38-1 Page: 1 Date Filed: 08/14/2026

No. 26-10269
2
F.3d 550 (5th Cir. 2020). Thus, summary affirmance is 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 as moot, and the district court’s judgment is AFFIRMED.
Case: 26-10269 Document: 38-1 Page: 2 Date Filed: 08/14/2026

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