Case: 23-11174 Document: 57-1 Page: 1 Date Filed: 12/10/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-11174 Summary Calendar FILED ____________ December 10, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Xavier Armon Parker, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CR-489-1 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: * Xavier Armon Parker asserts that the statute under which he was convicted, 18 U.S.C. § 922(g)(1), is facially unconstitutional under the Second Amendment in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The Government has filed an unopposed motion

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-11174 Document: 57-1 Page: 2 Date Filed: 12/10/2024

No. 23-11174

for summary affirmance or, alternatively, for an extension of time in which to file a brief.

The Government is correct that Parker’s challenge is foreclosed. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024). 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 judgment of the district court is AFFIRMED.