United States v. Easton ( 2023 )

Case: 22-11188 Document: 00516813792 Page: 1 Date Filed: 07/07/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-11188
Summary Calendar FILED
____________ July 7, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Joseph Michael Easton,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:22-CR-56-1
______________________________
Before Jolly, Jones, and Engelhardt, Circuit Judges.
Per Curiam: *
Joseph Michael Easton pleaded guilty to possession of a firearm by a
felon, in violation of 18 U.S.C. § 922(g)(1). He appeals and, relying on
National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012),
argues for the first time that § 922(g)(1) exceeds the scope of Congress’s
power under the Commerce Clause and is therefore unconstitutional. The
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-11188 Document: 00516813792 Page: 2 Date Filed: 07/07/2023
No. 22-11188
Government has filed an unopposed motion for summary affirmance and an
alternative request for an extension of time to file its brief.
Easton correctly concedes that his arguments challenging the
constitutionality of § 922(g)(1) are 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 raises the arguments to preserve them for further review.
Because summary disposition is appropriate, see Groendyke Transp.,
Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s 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.
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