Case: 24-50188 Document: 85-1 Page: 1 Date Filed: 08/18/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 24-50188 August 18, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Marco Antonio Sanchez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 7:23-CR-177-1 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: * Marco Antonio Sanchez pleaded guilty to possession of a firearm after a felony conviction. He now appeals his conviction and sentence, renewing his arguments that 18 U.S.C. § 922(g)(1) violates the Second Amendment on

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50188 Document: 85-1 Page: 2 Date Filed: 08/18/2025

No. 24-50188

its face and as applied to Sanchez and exceeds Congress’s powers under the Commerce Clause.

Sanchez’s facial challenge to § 922(g)(1) is foreclosed by United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), cert. denied, 2025 WL 1727419 (U.S. June 23, 2025) (No. 24-6625). He also correctly concedes that his as- applied challenge is foreclosed. See United States v. Schnur, 132 F.4th 863, 871 (5th Cir. 2025). Additionally, Sanchez’s theory that § 922(g)(1) is unconstitutional because it exceeds Congress’s power under the Commerce Clause is foreclosed by United States v. Alcantar, 733 F.3d 143, 145-46 (5th Cir. 2013).

He also renews his challenge that the district court erred in applying the U.S.S.G. § 2K2.1(c)(1)(A) cross-reference to the attempted first-degree murder guideline at U.S.S.G. § 2A2.1 because there was insufficient evidence that Sanchez committed attempted first-degree murder. Even assuming the district court erred in applying the enhanced base offense level, any error was harmless. See United States v. Ibarra-Luna, 628 F.3d 712, 718 (5th Cir. 2010); United States v. Guzman-Rendon, 864 F.3d 409, 411 (5th Cir. 2017).

Accordingly, the district court’s judgment is AFFIRMED.