Case: 24-30594 Document: 52-1 Page: 1 Date Filed: 02/11/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED February 11, 2025 No. 24-30594 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus William Danta Toney, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:24-CR-15-1 ______________________________ Before Graves, Willett, and Wilson, Circuit Judges.

Per Curiam: * William Danta Toney 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

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

Case: 24-30594 Document: 52-1 Page: 2 Date Filed: 02/11/2025

No. 24-30594

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

The Government is correct that Toney’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.