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United States v. Garza

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Feb 7, 2020
No. 19-10363 (5th Cir. Feb. 7, 2020)

Opinion

No. 19-10363

02-07-2020

UNITED STATES OF AMERICA, Plaintiff-Appellee v. EMILIO GARZA, Defendant-Appellant


Summary Calendar Appeal from the United States District Court for the Northern District of Texas
USDC No. 4:16-CR-261-1 Before CLEMENT, ELROD, and OLDHAM, Circuit Judges. PER CURIAM:

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Appealing his guilty plea conviction for being a felon in possession of a firearm, Emilio Garza raises an argument that is foreclosed by United States v. Alcantar, 733 F.3d 143 (5th Cir. 2013). In Alcantar, 733 F.3d at 145-46, we rejected the argument that Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012), affected our prior jurisprudence rejecting challenges to the constitutionality of 18 U.S.C. § 922(g)(1). Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.


Summaries of

United States v. Garza

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Feb 7, 2020
No. 19-10363 (5th Cir. Feb. 7, 2020)
Case details for

United States v. Garza

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee v. EMILIO GARZA…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Feb 7, 2020

Citations

No. 19-10363 (5th Cir. Feb. 7, 2020)