USA v. Keith Judd

Filing

UNPUBLISHED OPINION FILED. [13-51152 Affirmed ] Judge: PEH , Judge: EHJ , Judge: SAH Mandate pull date is 11/25/2014 for Appellant Keith Russell Judd; denying motion for bail pending appeal filed by Appellant Mr. Keith Russell Judd [7744297-2]; denying motion to amend record on appeal filed by Appellant Mr. Keith Russell Judd [7744291-2]; denying motion to file brief in present form filed by Appellant Mr. Keith Russell Judd [7716004-2]; denying motion to file a lesser number of briefs and appendices filed by Appellant Mr. Keith Russell Judd [7716004-3]; denying motion to waive reqmt to file record excerpts filed by Appellant Mr. Keith Russell Judd [7713751-2]; denying motion to file supp reply brief filed by Appellant Mr. Keith Russell Judd [7713783-2] [13-51152]

Case: 13-51152

Document: 00512825107

Page: 1

Date Filed: 11/04/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-51152
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
November 4, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
KEITH RUSSELL JUDD,

Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 7:98-CR-93
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Keith Russell Judd, federal prisoner # 11593-051, was convicted of two
counts of mailing threatening communications in violation of 18 U.S.C. § 876.
In 1999, he was sentenced to 210 months in prison on each count, with the
terms to be served concurrently. He was also sentenced to concurrent threeyear terms of supervised release. Judd began his supervised release on June
24, 2013. On October 11, 2013, the Probation Office sought a warrant for Judd

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 13-51152

Document: 00512825107

Page: 2

Date Filed: 11/04/2014

No. 13-51152
because he violated the terms of his supervision.

The district court

subsequently revoked Judd’s supervision finding that he had violated the
terms of his release, notably, contacting the victim of his underlying threats
convictions. The district court imposed a sentence of 12 months in prison to be
followed by 24 months of supervised release.
On appeal, Judd makes no direct challenge to the district court’s
revocation of his supervised release or the sentence imposed on revocation. He
argues that the district court was without jurisdiction to conduct the
proceedings because the district court was without jurisdiction to convict him.
We will not consider this argument because a defendant may not challenge the
validity of his underlying sentence of supervised release on appeal from the
revocation of supervised release. United States v. Willis, 563 F.3d 168, 170
(5th Cir. 2009); United States v. Hinson, 429 F.3d 114, 116 (5th Cir. 2005).
Judd also argues that he was denied his right to represent himself in the
revocation proceedings. This argument is mistaken because the record shows
that Judd assented, in open court, to proceeding with representation by
counsel. The issue is without merit, therefore, because it lacks basis in fact.
See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
Judd has shown no reversible error in the district court’s revocation of
his supervised release or the sentence imposed on revocation. The judgment
of the district court is AFFIRMED. His outstanding motions, including his
amended motion for release pending appeal, are DENIED.

2