United States v. Hockin

Case: 23-11119 Document: 87-1 Page: 1 Date Filed: 03/04/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-11119

Summary Calendar FILED ____________ March 4, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Steven Hockin,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 7:23-CR-8-1 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: *

Steven Hockin appeals his 18 U.S.C. § 922(g)(1) conviction, asserting that the statute of his conviction is facially unconstitutional under the Second Amendment pursuant to the holding in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The Government has filed an opposed Case: 23-11119 Document: 87-1 Page: 2 Date Filed: 03/04/2025

No. 23-11119 motion for summary affirmance, or alternatively, for an extension of time in which to file a brief.

The Government is correct that Hockin’s challenge is foreclosed, see United States v. Diaz, 116 F.4th 458 (5th Cir. 2024), petition for cert. filed (U.S. Feb. 18, 2025) (No. 24-6625), but, because the issues are contested, summary affirmance is not appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). However, Diaz is clearly dispositive, and, therefore, we affirm the district court’s judgment without further briefing. See United States v. Bailey, 924 F.3d 1289, 1289-90 (5th Cir. 2019).

The motion for summary affirmance is DENIED, the alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.