United States v. Womack

Case: 24-10400 Document: 39-1 Page: 1 Date Filed: 10/30/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-10400

Summary Calendar FILED ____________ October 30, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Artis Womack,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-303-1 ______________________________

Before Jolly, Graves, and Oldham, Circuit Judges.

Per Curiam: *

Artis Womack was sentenced to 90 months of imprisonment after pleading guilty to possession of a firearm after a felony conviction, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8). For the first time on appeal, he contends that § 922(g)(1) is unconstitutional because it violates the Second Amendment and the Commerce Clause. However, he concedes Case: 24-10400 Document: 39-1 Page: 2 Date Filed: 10/30/2024

No. 24-10400 that these arguments are foreclosed by United States v. Jones, 88 F.4th 571, 573-74 (5th Cir. 2023), cert. denied, 144 S. Ct. 1081 (2024), and United States v. Alcantar, 733 F.3d 143, 145-46 (5th Cir. 2013), and merely raises them to preserve the arguments for further review. The Government has moved without opposition for summary affirmance, or, alternatively, for an extension of time to file a brief.

Because summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), 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.