Case: 23-10240 Document: 90-1 Page: 1 Date Filed: 10/04/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 23-10240 October 4, 2024 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Corey Shaquielle Johnson, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-274-15 ______________________________ Before Davis, Stewart, and Southwick, Circuit Judges.

Per Curiam: * Corey Shaquielle Johnson pleaded guilty to possession of a firearm after a felony conviction and was sentenced to 80 months of imprisonment.

On appeal, he presents two unpreserved challenges to 18 U.S.C. § 922(g)(1).

First, he argues that § 922(g)(1) is unconstitutional under the Second Amendment based on New York State Rifle & Pistol Ass’n, Inc. v. Bruen, _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-10240 Document: 90-1 Page: 2 Date Filed: 10/04/2024

No. 23-10240

597 U.S. 1 (2022). Next, he asserts that the jurisdictional element of § 922(g)(1) requires more than past interstate travel at an indeterminate time; but if it does not, he maintains that the statute exceeds Congress’s authority under the Commerce Clause. The Government has filed an unopposed motion for summary affirmance or, in the alternative, for an extension of time to file its brief.

Johnson correctly concedes that his arguments are foreclosed. See United States v. Jones, 88 F.4th 571, 573-74 (5th Cir. 2023), cert. denied, 144 S. Ct. 1081 (2024); United States v. Perryman, 965 F.3d 424, 426 (5th Cir. 2020). Therefore, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED, and the district court’s judgment is AFFIRMED.