United States v. Morrison ( 2023 )

Case: 22-10570 Document: 00516667388 Page: 1 Date Filed: 03/06/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10570
Summary Calendar FILED
____________ March 6, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Samuel Lee Morrison,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:20-CR-289-1
______________________________
Before Smith, Southwick, and Douglas, Circuit Judges.
Per Curiam: *
Samuel Morrison appeals his conviction of illegal receipt of a firearm
by a person under indictment in violation of 18 U.S.C. §§ 922(n) and
924(a)(1)(D). He avers that § 922(n) does not pass the historical test an-
nounced in New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111
(2022), and is therefore unconstitutional.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10570 Document: 00516667388 Page: 2 Date Filed: 03/06/2023
No. 22-10570
We review Morrison’s challenge for plain error because he did not
present it to the district court. See Puckett v. United States, 556 U.S. 129, 135
(2009); United States v. Toure, 965 F.3d 393, 399 (5th Cir. 2020). This court
has rejected the notion that § 922(n) is clearly or obviously unconstitutional
under Bruen. See United States v. Avila, No. 22-50088, 2022 WL 17832287,
at *2 (5th Cir. Dec. 21, 2022) (unpublished). The issue is therefore subject
to reasonable dispute, so Morrison cannot demonstrate clear or obvious
error. See Puckett, 556 U.S. at 135; United States v. Guerrero-Robledo, 565 F.3d
940, 946 (5th Cir. 2009); see also United States v. Fields, 777 F.3d 799, 802
(5th Cir. 2015) (“In considering whether an error is clear or obvious we look
to the state of the law at the time of appeal.” (internal quotation marks and
citation omitted)).
AFFIRMED.
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