United States v. Underwood

Case: 24-30419 Document: 53-1 Page: 1 Date Filed: 01/15/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-30419

Summary Calendar FILED ____________ January 15, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Gmerrio Underwood,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:23-CR-49-2 ______________________________

Before Haynes, Higginson, and Douglas, Circuit Judges.

Per Curiam: *

Gmerrio Underwood contends 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 Case: 24-30419 Document: 53-1 Page: 2 Date Filed: 01/15/2025

No. 24-30419 for summary affirmance or, alternatively, for an extension of time in which to file a brief.

As Underwood concedes, his Second Amendment challenge to § 922(g)(1) 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.