Case: 22-10175 Document: 00516400985 Page: 1 Date Filed: 07/20/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 20, 2022 No. 22-10175 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Surprise Emmanuel Carter, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21-CR-248-1

Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam:* Surprise Emmanuel Carter appeals his conviction and sentence for possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). He argues that § 922(g) is an unconstitutional exercise of power under the Commerce Clause. He also argues that the factual basis was insufficient to

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 22-10175 Document: 00516400985 Page: 2 Date Filed: 07/20/2022

No. 22-10175

support his conviction because it did not include, as the mens rea element for the offense, that he knew that his possession of the firearm was in or affecting interstate commerce. Carter acknowledges these arguments to be foreclosed but explains that he seeks to preserve them for further review. The Government has filed an unopposed motion for summary affirmance or, in the alternative, an extension of time to file its brief.

As Carter concedes, his arguments are foreclosed. See United States v. Alcantar, 733 F.3d 143, 145-46 (5th Cir. 2013); United States v. Hicks, 958 F.3d 399, 402 n.1 (5th Cir. 2020). The Government is correct that summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.