Case: 23-40692 Document: 85-1 Page: 1 Date Filed: 08/05/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED No. 23-40692 August 5, 2025 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Armando Alba-Hernandez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 2:23-CR-61-1 ______________________________ Before King, Smith, and Douglas, Circuit Judges.

Per Curiam: * When he possessed a firearm on January 3 and 4, 2023, Armando Alba-Hernandez was on supervised release for a 2019 felony conviction for illegal reentry. At a bench trial based on stipulated facts, the district court found him guilty of possessing a firearm as a felon under 18 U.S.C. § 922(g)(1).

He raises four issues on appeal, all of which, he concedes, are fore- _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40692 Document: 85-1 Page: 2 Date Filed: 08/05/2025

No. 23-40692

closed by our precedent.

Because Alba-Hernandez was on supervised release for illegal reentry, his as-applied Second Amendment challenge to § 922(g)(1) fails under United States v. Kimble, 142 F.4th 308, 312 (5th Cir. 2025).

His facial Second Amendment challenge to § 922(g)(1) fails under United States v. Diaz, 116 F.4th 458, 471–72 (5th Cir. 2024), cert. denied, No. 24-6625, 2025 U.S. LEXIS 2453 (U.S. June 23, 2025) (mem.).

His “equal protection principle” challenge under the Fifth Amend- ment fails per United States v. Goody, ---- F.4th ----, ----, No. 23-20471, 2025 U.S. App. LEXIS 17354, at *4–5 (5th Cir. July 14, 2025) (per curiam).

And his Commerce Clause challenge to § 922(g)(1) fails under United States v. De Leon, 170 F.3d 494, 499 (5th Cir. 1999), and United States v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013).

AFFIRMED.