United States v. Bacon

Case: 24-40629 Document: 50-1 Page: 1 Date Filed: 05/27/2025

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

No. 24-40629

FILED May 27, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Spencer Wayne Bacon,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:23-CR-625-1 ______________________________

Before Jones, Dennis, and Southwick, Circuit Judges.

Per Curiam: *

Spencer Wayne Bacon appeals his 18 U.S.C. § 922(g)(1) conviction.

He first argues that § 922(g)(1) 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). But, as he concedes, that challenge is foreclosed by United States v. Diaz, 116 F.4th 458, 471–72 (5th Cir. 2024), petition for cert. filed, Case: 24-40629 Document: 50-1 Page: 2 Date Filed: 05/27/2025

No. 24-40629

(U.S. Feb. 24, 2025) (No. 24-6625). Bacon further argues that § 922(g)(1) is unconstitutional as applied to him because the statute violates the Commerce Clause. He acknowledges our precedent forecloses that argument too. See United States v. Jones, 88 F.4th 571, 573 (5th Cir. 2023), cert. denied, 144 S. Ct. 1081 (2024).

AFFIRMED.