United States v. Sanchez-Tena

Case: 22-51078 Document: 102-1 Page: 1 Date Filed: 04/21/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-51078

Summary Calendar FILED ____________ April 21, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellant, versus

Samuel Adam Sanchez-Tena,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:22-CR-160-1 ______________________________

Before Jolly, Graves, and Oldham, Circuit Judges.

Per Curiam: *

Samuel Adam Sanchez-Tena was charged with one count of receipt of a firearm while under felony indictment, in violation of 18 U.S.C. § 922(n). The district court granted his motion to dismiss the indictment on the ground that § 922(n) was facially unconstitutional under the Second Amendment in Case: 22-51078 Document: 102-1 Page: 2 Date Filed: 04/21/2025

No. 22-51078 light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The Government appeals the order of dismissal.

The Government asserts that the district court incorrectly concluded that § 922(n) is facially unconstitutional under the Second Amendment. We review constitutional questions de novo. United States v. Perez-Macias, 335 F.3d 421, 425 (5th Cir. 2003). We previously considered the facial constitutionality of § 922(n) and decided that the statute does not violate the Second Amendment. See United States v. Quiroz, 125 F.4th 713, 717-25 (5th Cir. 2025). The Government thus is correct that the district court erred in dismissing the indictment.

Accordingly, we REVERSE the dismissal order of the district court and REMAND the case for further proceedings.