United States v. Morrison

Case: 22-10570 Document: 00516667388 Page: 1 Date Filed: 03/06/2023

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 22-10570

Summary Calendar FILED ____________ March 6, 2023

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Samuel Lee Morrison,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:20-CR-289-1

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Before Smith, Southwick, and Douglas, Circuit Judges.

Per Curiam: *

Samuel Morrison appeals his conviction of illegal receipt of a firearm by a person under indictment in violation of 18 U.S.C. §§ 922(n) and 924(a)(1)(D). He avers that § 922(n) does not pass the historical test an- nounced in New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022), and is therefore unconstitutional.

Case: 22-10570 Document: 00516667388 Page: 2 Date Filed: 03/06/2023

No. 22-10570

We review Morrison’s challenge for plain error because he did not present it to the district court. See Puckett v. United States, 556 U.S. 129, 135 (2009); United States v. Toure, 965 F.3d 393, 399 (5th Cir. 2020). This court has rejected the notion that § 922(n) is clearly or obviously unconstitutional under Bruen. See United States v. Avila, No. 22-50088, 2022 WL 17832287, at *2 (5th Cir. Dec. 21, 2022) (unpublished). The issue is therefore subject to reasonable dispute, so Morrison cannot demonstrate clear or obvious error. See Puckett, 556 U.S. at 135; United States v. Guerrero-Robledo, 565 F.3d 940, 946 (5th Cir. 2009); see also United States v. Fields, 777 F.3d 799, 802 (5th Cir. 2015) (“In considering whether an error is clear or obvious we look to the state of the law at the time of appeal.” (internal quotation marks and citation omitted)).

AFFIRMED.