Case: 24-30761 Document: 49-1 Page: 1 Date Filed: 06/03/2025

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

No. 24-30761 FILED June 3, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Marcus J. Ross, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:24-CR-91-1 ______________________________ Before Jolly, Jones, and Willett, Circuit Judges.

Per Curiam: * Marcus J. Ross pleaded guilty to possession of a firearm after a felony conviction and was sentenced to 84 months of imprisonment, followed by a three-year term of supervised release. On appeal, he renews his contention that 18 U.S.C. § 922(g)(1) violates the Second Amendment, on its face, under the test set forth in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-30761 Document: 49-1 Page: 2 Date Filed: 06/03/2025

No. 24-30761

597 U.S. 1 (2022). The Government has moved without opposition for summary affirmance or, alternatively, for an extension of time to file its brief.

Ross is correct that his argument is foreclosed. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), petition for cert. filed (U.S. Feb.

18, 2025) (No. 24-6625). Because the Government’s position “is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case,” summary affirmance is appropriate. Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government’s alternative motion for an extension of time is DENIED.