United States v. Thompson

Case: 23-30899 Document: 101-1 Page: 1 Date Filed: 05/02/2025

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

No. 23-30899

FILED May 2, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

David Thompson,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:22-CR-173-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges.

Per Curiam: *

David Thompson argues that his statute of conviction, 18 U.S.C. § 922(g)(1), violates the Second Amendment on its face and as applied to him in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). Thompson’s facial Second Amendment challenge is foreclosed by United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), petition for cert. Case: 23-30899 Document: 101-1 Page: 2 Date Filed: 05/02/2025

No. 23-30899 filed, (U.S. Feb. 18, 2025) (No. 24-6625). See United States v. Contreras, 125 F.4th 725, 729 (5th Cir. 2025). His as-applied challenge is also foreclosed by Diaz, as he has prior felony convictions for theft and burglary, a “theft- related” offense. United States v. Schnur, 132 F.4th 863, 871 (5th Cir. 2025); see Diaz, 116 F.4th at 468-70.

AFFIRMED.