United States v. Reyna

Case: 22-10375 Document: 00516654671 Page: 1 Date Filed: 02/23/2023

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals

Fifth Circuit

No. 22-10375

Summary Calendar FILED

February 23, 2023 Lyle W. Cayce

United States of America, Clerk

Plaintiff—Appellee, versus

Mark Anthony Reyna,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:21-CR-80-1

Before Jones, Haynes, and Oldham, Circuit Judges.

Per Curiam:*

Mark Anthony Reyna appeals his conviction for possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). Citing National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), Reyna argues for the first time on appeal that § 922(g)(1) exceeds the scope

Case: 22-10375 Document: 00516654671 Page: 2 Date Filed: 02/23/2023

No. 22-10375 of Congress’s power under the Commerce Clause and is thus unconstitutional. He specifically contends that Congress’s power under the Commerce Clause authorizes it to regulate only commercial activity and that the mere travel of an object through interstate commerce is not, by itself, a commercial act.

Reyna concedes that his claim is foreclosed by circuit precedent, and he raises the issue to preserve it for further review. The Government has filed an unopposed motion for summary affirmance and an alternative request for an extension of time to file its brief. The parties are correct that Reyna’s claim is foreclosed. See United States v. Alcantar, 733 F.3d 143, 145- 46 (5th Cir. 2013); Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the motion for summary affirmance is GRANTED, the alternative motion is DENIED, and the judgment is AFFIRMED.