United States v. Hackney

── United States v. Hackney ── Court: Court of Appeals for the Fifth Circuit Date: May 26, 2026 Category: Direct Criminal Case: 25-10690 Document: 81-1 Page: 1 Date Filed: 05/26/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 26, 2026 No. 25-10690 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jamie Hackney, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-17-1 ______________________________ Before Higginbotham, Smith, and Oldham, Circuit Judges. Jerry E. Smith, Circuit Judge: Jamie Hackney pleaded guilty of production and transportation of child pornography. He waived his right to appeal but reserved the ability to appeal “a sentence exceeding the statutory maximum punishment.” The district court sentenced him to 50 years of imprisonment and 15 years of supervised release (“SR”) conditioned on his having no contact with minors and his reporting financial information to his probation officer. Hackney appeals his sentence, asserting that the conditions of SR conflict with the reasonableness requirements of 18 U.S.C. § 3583(d). Case: 25-10690 Document: 81-1 Page: 2 Date Filed: 05/26/2026 No. 25-10690 Because “maximum punishment” includes only the quantitative elements of a sentence, the exception does not cover an appeal based on § 3583(d). We dismiss the appeal. I. Hackney pleaded guilty of production of child pornography in viola- tion of 18 U.S.C. § 2251(a) and (e) and transportation of child pornography in violation of 18 U.S.C. § 2252A(a)(1) and (b)(1). Per the plea agreement, Hackney waived the right to appeal his conviction and sentence but reserved the right, inter alia, to appeal “a sentence exceeding the statutory maximum punishment[.]” The presentence report (“PSR”) recommended an advisory guide- lines range of 360 to 600 months of imprisonment and a life term of SR. The PSR also identified applicable conditions of SR: 2. The defendant shall have no contact with minors under the age of 18, including by correspondence, telephone, internet, electronic communication, or communication through third parties. The defendant shall not have access to or loiter near school grounds, parks, arcades, playgrounds, amusement parks or other places where children may frequently congregate, ex- cept as may be allowed upon advance approval by the probation officer. ... 11. The defendant shall provide to the probation officer com- plete access to all business and personal financial information. The district court adopted the conditions in the PSR and sentenced Hackney to 50 years of imprisonment and 15 years of SR. Hackney did not object in the district court. Hackney raises two issues on appeal: (1) “Whether the district court plainly and reversibly erred when it forbade Hackney from having any contact 2  Case: 25-10690 Document: 81-1 Page: 3 Date Filed: 05/26/2026 No. 25-10690 with minors without exception during his [SR]” and (2) “[w]het