Case: 24-60070 Document: 94-1 Page: 1 Date Filed: 10/28/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-60070 Summary Calendar FILED ____________ October 28, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellant, versus Vincent Edward Jones, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:23-CR-74-1 ______________________________ Before Barksdale, Graves, and Duncan, Circuit Judges.

Per Curiam: * The Government challenges the dismissal of Vincent Edward Jones’ indictment under 18 U.S.C. § 922(g)(1). Jones was on supervised release for a previous § 922(g)(1) offense when indicted for the § 922(g)(1) offense at issue. In his motion to dismiss the indictment, he raised an as-applied

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

Case: 24-60070 Document: 94-1 Page: 2 Date Filed: 10/28/2025

No. 24-60070

challenge to the constitutionality of § 922(g)(1), citing New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022).

During the pendency of this appeal, our court rejected as-applied challenges to § 922(g)(1) where defendants were on supervised release at the time they violated § 922(g)(1). See United States v. Giglio, 126 F.4th 1039, 1043–44 (5th Cir. 2025); United States v. Contreras, 125 F.4th 725, 732–33 (5th Cir. 2025). Jones correctly concedes his as-applied-constitutional challenge is now foreclosed.

In the light of our court’s intervening precedent, we REVERSE and REMAND for consideration of Jones’ as-applied challenge, e.g., Utah v. Su, 109 F.4th 313, 319–20 (5th Cir. 2024), and for such other proceedings as may be appropriate.