Case: 24-10269 Document: 55-1 Page: 1 Date Filed: 12/27/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 24-10269 FILED December 27, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Paul Corey Martinez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 2:23-CR-67-1 ______________________________ Before Elrod, Chief Judge, and Haynes and Duncan, Circuit Judges.

Per Curiam: * Paul Corey Martinez 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: 24-10269 Document: 55-1 Page: 2 Date Filed: 12/27/2024

No. 24-10269

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

The Government is correct that Martinez’s challenge is foreclosed.

See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024). The unopposed motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED as moot, and the judgment of the district court is AFFIRMED.