United States v. Bruner

U.S. Court of Appeals for the Tenth Circuit

United States v. Bruner

Opinion

Appellate Case: 23-6122 Document: 45-1 Date Filed: 06/02/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT June 2, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-6122 (D.C. No. 5:22-CR-00518-SLP-1) DEJUAN DION BRUNER, (W.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. ** _________________________________

This matter is before us on the United States’ Motion to Lift Abatement and

Unopposed Motion for Summary Affirmance.

The United States moves for summary affirmance based on this court’s recent

published decision in United States v. Jackson, No. 23-6047, ___ F.4th ___, 2025

WL 1509987 (10th Cir. May 28, 2025). In Jackson, this court rejected Mr. Jackson’s

facial challenge that 18 U.S.C. § 922(g)(9) violates the Second Amendment. Thus,

the United States argues that Jackson forecloses Appellant Dejuan Dion Bruner’s

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. ** Because this matter is being decided on an unopposed motion for summary affirmance, the panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. Appellate Case: 23-6122 Document: 45-1 Date Filed: 06/02/2025 Page: 2

facial challenge to § 922(g)(9), the sole argument made by Mr. Bruner in this appeal.

Mr. Bruner does not object to the motion for summary affirmance.

Upon consideration, we lift the abatement of proceedings in this appeal which

were abated pending a decision in Jackson, and we grant the United States’

unopposed motion for summary affirmance.

The judgment of the district court is affirmed.

Entered for the Court

Per Curiam

2

Reference

Status
Unpublished