USCA11 Case: 23-12969 Document: 34-1 Date Filed: 06/16/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12969 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DUSTIN DEWAYNE GILBERT,

Defendant- Appellant.

____________________ Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:21-cr-00110-KD-N-1 ____________________ USCA11 Case: 23-12969 Document: 34-1 Date Filed: 06/16/2025 Page: 2 of 2

2 Opinion of the Court 23-12969 Before LAGOA, ABUDU, and WILSON, Circuit Judges.

PER CURIAM: Dustin Gilbert appeals his conviction for possession of a fire- arm by a convicted felon, 18 U.S.C. § 922(g)(1). Gilbert makes one argument on appeal: Section 922(g)(1) violates the Second Amend- ment as applied to him. Our recent decision in United States v. Du- bois, __F.4th__, 2025 WL 1553843 (11th Cir. June 2, 2025), fore- closes this argument. There, we explained that neither United States v. Rahimi, 602 U.S. 680 (2024), nor New York State Rifle & Pis- tol Ass’n v. Bruen, 597 U.S. 1 (2022), abrogated our decision in United States v. Rozier, 598 F.3d 768 (11th Cir. 2010), which held that Sec- tion 922(g)(1) is constitutional under the Second Amendment. Du- bois, 2025 WL 1553843, at *5; see Rozier, 598 F.3d at 771 (“[S]tatu- tory restrictions of firearm possession, such as § 922(g)(1), are a constitutional avenue to restrict the Second Amendment right of certain classes of people. Rozier, by virtue of his felony conviction, falls within such a class.”). As we explained in Dubois, “[w]e require clearer instruction from the Supreme Court before we may recon- sider the constitutionality of [S]ection 922(g)(1).” Dubois, 2025 WL 1553843, at *5. Accordingly, we affirm Gilbert’s conviction.

AFFIRMED.