United States v. Jutaurio Preshae Clemons

── United States v. Jutaurio Preshae Clemons ── Court: Court of Appeals for the Eleventh Circuit Date: May 29, 2026 Category: NEW USCA11 Case: 25-11566 Document: 29-1 Date Filed: 05/29/2026 Page: 1 of 5 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11566 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUTAURIO PRESHAE CLEMONS, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:09-cr-00043-VMC-TGW-1 ____________________ Before BRANCH, GRANT, and LUCK, Circuit Judges. PER CURIAM: Jutaurio Clemons brings this appeal to challenge the district court’s revocation of supervised release. We affirm. USCA11 Case: 25-11566 Document: 29-1 Date Filed: 05/29/2026 Page: 2 of 5 2 Opinion of the Court 25-11566 I. In 2009, Clemons was sentenced to 200 months’ imprisonment and 60 months’ supervised release for various drug trafficking and firearms offenses. As a standard condition of his supervised release, Clemons was ordered not to commit another crime for the duration of his release. See 18 U.S.C. § 3583(d). In 2023, the U.S. Probation Office filed a petition alleging eight supervised release violations, including possession of a firearm, failure to report, failure to permit home visits, failure to participate in drug aftercare treatment, and others. Specifically, violations IV and V allege that Clemons committed second-degree attempted murder and armed robbery. Clemons denied these two charges but admitted to the rest. At the revocation hearing, Detective Hector Torres testified about his investigation into the armed robbery that took place on August 14, 2022. Surveillance footage revealed that an unidentified assailant shot the victim multiple times before taking off with his phone and other belongings. The victim was left “fighting for his life at the hospital.” When Torres tried to interview him the day after surgery, the victim was “in and out”—only “[v]aguely” remembering what happened and apparently “holding some things back.” Torres followed up a few days later. This time, the victim came forward with the “full story” and identified Clemons as the attacker. Sergeant Timothy Elmer also took the stand. At the hospital, Elmer showed the victim a photo lineup depicting USCA11 Case: 25-11566 Document: 29-1 Date Filed: 05/29/2026 Page: 3 of 5 25-11566 Opinion of the Court 3 Clemons alongside five other individuals. The victim again identified Clemons as the person who “ran up on me and shot me.” An eyewitness at the scene likewise identified Clemons as the attacker through a photo lineup. In light of this “pretty substantial” evidence, the district court found Clemons guilty of violations IV and V. It sentenced Clemons to 57 months’ imprisonment, to be followed by 60 months’ supervised release. On appeal, Clemons argues that the district court erred by relying on the victim’s out-of-court identification. II. We review a district court’s revocation of supervised