Case: 17-11363 Document: 00514607438 Page: 1 Date Filed: 08/20/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-11363 August 20, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANIEL VELA, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17-CR-101-1

Before DENNIS, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM: * Appealing the judgment in a criminal case, Daniel Vela raises arguments that are foreclosed by United States v. Alcantar, 733 F.3d 143, 145-46 (5th Cir. 2013), and United States v. Trejo, 610 F.3d 308, 313 (5th Cir. 2010). In Alcantar, we rejected the argument that Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012), affected our prior jurisprudence rejecting challenges to the constitutionality of 18 U.S.C. § 922(g)(1). Alcantar, 733 F.3d at 146. In

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-11363 Document: 00514607438 Page: 2 Date Filed: 08/20/2018

No. 17-11363 Trejo, we applied the plain error standard to a factual sufficiency claim that was raised for the first time in this court. Trejo, 610 F.3d at 313.

Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for extension of time is DENIED, and the judgment of the district court is AFFIRMED.