United States v. Reyna ( 2023 )

Case: 22-10375 Document: 00516654671 Page: 1 Date Filed: 02/23/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 22-10375
Summary Calendar FILED
February 23, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Mark Anthony Reyna,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:21-CR-80-1
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam:*
Mark Anthony Reyna appeals his conviction for possessing a firearm
after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). Citing
National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012),
Reyna argues for the first time on appeal that § 922(g)(1) exceeds the scope
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 22-10375 Document: 00516654671 Page: 2 Date Filed: 02/23/2023
No. 22-10375
of Congress’s power under the Commerce Clause and is thus
unconstitutional. He specifically contends that Congress’s power under the
Commerce Clause authorizes it to regulate only commercial activity and that
the mere travel of an object through interstate commerce is not, by itself, a
commercial act.
Reyna concedes that his claim is foreclosed by circuit precedent, and
he raises the issue to preserve it for further review. The Government has
filed an unopposed motion for summary affirmance and an alternative
request for an extension of time to file its brief. The parties are correct that
Reyna’s claim is foreclosed. See United States v. Alcantar, 733 F.3d 143, 145-
46 (5th Cir. 2013); Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th
Cir. 1969).
Accordingly, the motion for summary affirmance is GRANTED, the
alternative motion is DENIED, and the judgment is AFFIRMED.
2