United States v. Joubert

Case: 23-20190 Document: 74-1 Page: 1 Date Filed: 05/13/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-20190

Summary Calendar FILED ____________ May 13, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Malik Joubert,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:22-CR-207-1 ______________________________

Before Haynes, Higginson, and Douglas, Circuit Judges.

Per Curiam: *

Malik Joubert pleaded guilty to possession of a firearm after a felony conviction, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and was sentenced to 48 months of imprisonment. On appeal, he contends for the first time that § 922(g)(1) is facially unconstitutional and that it exceeds Congress’s authority under the Commerce Clause.

Case: 23-20190 Document: 74-1 Page: 2 Date Filed: 05/13/2025

No. 23-20190

Because Joubert did not challenge the constitutionality of § 922(g)(1) before the district court, review is for plain error. See United States v. Jones, 88 F.4th 571, 572 (5th Cir. 2023), cert. denied, 144 S. Ct. 1081 (2024). Joubert’s contention that § 922(g)(1) is facially unconstitutional is foreclosed by our decision in United States v. Diaz, 116 F.4th 458, 472 (5th Cir. 2024), petition for cert. filed (U.S. Feb. 18, 2025) (No. 24-6625). Moreover, as Joubert correctly concedes, his Commerce Clause challenge is foreclosed by United States v. Alcantar, 733 F.3d 143, 145–46 (5th Cir. 2013).

AFFIRMED.