Case: 24-30525 Document: 48-1 Page: 1 Date Filed: 04/03/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-30525 Summary Calendar FILED ____________ April 3, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Dajohn M. Hymes, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:21-CR-304-1 ______________________________ Before Jolly, Jones, and Willett, Circuit Judges.

Per Curiam: * Dajohn M. Hymes 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: 24-30525 Document: 48-1 Page: 2 Date Filed: 04/03/2025

No. 24-30525

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

The Government is correct that Hymes’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.