United States v. Sergio Delgado ( 2015 )

Case: 15-10080 Document: 00513241698 Page: 1 Date Filed: 10/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10080
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
SERGIO CHAVARRIA DELGADO,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:13-CR-119-1
Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Sergio Chavarria Delgado
raises an argument that is foreclosed by United States v. Alcantar, 733 F.3d
143, 145-46 (5th Cir. 2013). In Alcantar, we rejected the argument that Nat’l
Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012) (NFIB), affected our
prior jurisprudence rejecting challenges to the constitutionality of 18 U.S.C.
§ 922(g)(1). 733 F.3d at 146. Because 18 U.S.C. § 922(j) is substantially similar
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10080 Document: 00513241698 Page: 2 Date Filed: 10/22/2015
No. 15-10080
to § 922(g), the same result is reached with respect to Delgado’s challenge to
it. See United States v. Luna, 165 F.3d 316, 319 (5th Cir. 1999). As Delgado
acknowledges, his challenge to § 922(g)(1) and (j) is foreclosed by our
jurisprudence, and, as explained in Alcantar, NFIB does not change this result.
The Government’s unopposed motion for summary affirmance is GRANTED,
its alternate motion for extension of time is DENIED, and the judgment of the
district court is AFFIRMED.
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