Case: 24-30697 Document: 51-1 Page: 1 Date Filed: 06/17/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-30697 June 17, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Frank Deonta Leopaul, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:24-CR-22-1 ______________________________ Before King, Southwick, and Engelhardt, Circuit Judges.

Per Curiam: * Frank Deonta Leopaul appeals following his conviction for possession of a firearm and ammunition after having previously been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). He argues that § 922(g)(1) is unconstitutional on its face in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). Leopaul concedes that the argument is _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-30697 Document: 51-1 Page: 2 Date Filed: 06/17/2025

No. 24-30697

foreclosed by 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), but he wishes to preserve it for further review. The Government has moved without opposition for summary affirmance or, alternatively, for an extension of time to file its brief.

As the Government asserts and as Leopaul concedes, the sole issue raised on appeal is foreclosed by Diaz. See id.; see also United States v. Contreras, 125 F.4th 725, 729 (5th Cir. 2025). 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.