United States v. Hodges

Case: 23-30575 Document: 47-1 Page: 1 Date Filed: 03/11/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-30575

Summary Calendar

FILED March 11, 2024 ____________

Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Chaves Hodges,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:22-CR-171-1 ______________________________

Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Per Curiam: *

Chaves Hodges appeals his conviction of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). Hodges contends for the first time on appeal that Section 922(g)(1) violates the Second Amendment, in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 17 (2022). Hodges concedes this court’s review is for plain Case: 23-30575 Document: 47-1 Page: 2 Date Filed: 03/11/2024

No. 23-30575 error. To demonstrate plain error, Hodges must show a clear or obvious error that affected his substantial rights. Puckett v. United States, 556 U.S. 129, 135 (2009). The Government has filed an unopposed motion for summary affirmance or, in the alternative, for an extension of time to file its brief. As the Government contends, Hodges’s argument that the district court plainly erred because Section 922(g)(1) is unconstitutional is foreclosed by United States v. Jones, 88 F.4th 571, 573–74 (5th Cir. 2023). In Jones, we held that any error was not clear or obvious because there was no binding precedent finding Section 922(g)(1) unconstitutional, and it was unclear whether Bruen dictated such a result. Id.

Where “there can be no substantial question as to the outcome of the case,” summary disposition is appropriate. Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, 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.