Case: 24-30558 Document: 47-1 Page: 1 Date Filed: 02/10/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-30558 Summary Calendar FILED ____________ February 10, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Kelvin Greer, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:24-CR-20-1 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: * Kelvin Greer asserts that the statute under which he was convicted, 18 U.S.C. § 922(g)(1), is facially unconstitutional under the Second Amendment in view of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The Government has filed an unopposed motion for summary affirmance, or alternatively, for an extension of time in which to file a brief.

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

Case: 24-30558 Document: 47-1 Page: 2 Date Filed: 02/10/2025

No. 24-30558

The Government is correct that Greer’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.