United States v. Johnson

Case: 24-10495 Document: 64-1 Page: 1 Date Filed: 03/10/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________

FILED March 10, 2025 No. 24-10495

Summary Calendar Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Joshua Caleb Johnson,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:23-CR-134-1 ______________________________

Before Haynes, Higginson, and Douglas, Circuit Judges.

Per Curiam:*

Joshua Caleb Johnson appeals his conviction under 18 U.S.C. § 922(g)(1), arguing that the statute 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), and exceeds Congress’s authority to regulate under the Commerce Clause. The Government has filed an unopposed motion for Case: 24-10495 Document: 64-1 Page: 2 Date Filed: 03/10/2025

No. 24-10495 summary affirmance or, alternatively, for an extension of time in which to file a brief.

The Government is correct that Johnson’s facial Second Amendment challenge is foreclosed, see United States v. Diaz, 116 F.4th 458, 471–72 (5th Cir. 2024), as is his Commerce Clause claim, see United States v. Jones, 88 F.4th 571, 573 (5th Cir. 2023), cert. denied, 144 S. Ct. 1081 (2024). Because summary affirmance is appropriate here, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.