United States v. Reynaldo Rendon, Jr. ( 2018 )

Case: 17-11009 Document: 00514448159 Page: 1 Date Filed: 04/26/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-11009 April 26, 2018
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
REYNALDO RENDON, JR., also known as Rey Reynold, also known as Rey
Rendon,
Defendant–Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:17-CR-19-1
Before JOLLY, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Reynaldo Rendon, Jr. pleaded guilty to being a felon in possession of a
firearm and ammunition. He appeals his conviction, arguing that 18 U.S.C.
§ 922(g)(1) is unconstitutional. The Government has filed an unopposed
motion for summary affirmance arguing that Rendon’s challenge is foreclosed
by circuit precedent or, alternatively, requesting an extension of time to file its
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-11009 Document: 00514448159 Page: 2 Date Filed: 04/26/2018
No. 17-11009
brief on the merits. The Government does not invoke the waiver provision
contained in the plea agreement. See United States v. Story, 439 F.3d 226, 230-
31 (5th Cir. 2006).
Rendon’s argument that § 922(g)(1) is unconstitutional because it
exceeds the scope of Congress’s power under the Commerce Clause is
foreclosed. See United States v. Alcantar, 733 F.3d 143, 145-46 (5th Cir. 2013);
United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001); United States v.
De Leon, 170 F.3d 494, 499 (5th Cir. 1999). He concedes as much and raises
the argument to preserve it for further review. Accordingly, the Government’s
motion for summary affirmance is GRANTED, the alternative motion for an
extension of time to file a brief is DENIED as unnecessary, and the judgment
of the district court is AFFIRMED.
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