United States v. Robertson

Case: 25-30011 Document: 50-1 Page: 1 Date Filed: 06/10/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-30011 June 10, 2025 Summary Calendar

Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Shawn M. Robertson,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:24-CR-133-1 ______________________________

Before Haynes, Higginson, and Douglas, Circuit Judges.

Per Curiam:*

Shawn M. Robertson appeals following his conviction for possession of a firearm after having previously been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1), arguing that § 922(g)(1) is unconstitutional on its face in light of the test set forth in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, Case: 25-30011 Document: 50-1 Page: 2 Date Filed: 06/10/2025

No. 25-30011

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. As the Government asserts, the sole issue raised on appeal is foreclosed by United States v. Diaz, 116 F.4th 458, 467 (5th Cir. 2024), petition for cert. filed (U.S. Feb. 18, 2025) (No. 24-6625). Robertson concedes as much but wishes to preserve the issue for further review. Therefore, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.