United States v. Moore

Case: 24-10903 Document: 46-1 Page: 1 Date Filed: 05/30/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-10903

Summary Calendar FILED ____________ May 30, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Gary Charles Moore,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:24-CR-21-1 ______________________________

Before Jolly, Graves, and Oldham, Circuit Judges.

Per Curiam: *

Gary Charles Moore pleaded guilty to possession of a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1). For the first time on appeal, he argues that § 922(g)(1) violates the Second Amendment as applied to him. The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

Case: 24-10903 Document: 46-1 Page: 2 Date Filed: 05/30/2025

No. 24-10903

The Government is correct that the sole issue on appeal is foreclosed on plain error review. See United States v. Cisneros, 130 F.4th 472, 477 (5th Cir. 2025). Because summary affirmance is appropriate here, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.