United States v. Brown
United States v. Brown
Opinion
Case: 24-50944 Document: 59-1 Page: 1 Date Filed: 12/17/2025
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED December 17, 2025 No. 24-50944 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Gamarian Donald Brown, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 7:24-CR-82-2 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.
Per Curiam:* Gamarian Donald Brown pleaded guilty to one count of possessing a firearm as a felon. See 18 U.S.C. § 922(g)(1). Brown appeals the conclusion that his prior robbery offense under Texas law qualifies as a crime of violence for purposes of assessing his offense level under the Sentencing Guidelines.
_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-50944 Document: 59-1 Page: 2 Date Filed: 12/17/2025
No. 24-50944
His argument is foreclosed by our recent decision in United States v. Wickware, 143 F.4th 670-674 (5th Cir. 2025).
Brown also argues that 18 U.S.C. § 922(g)(1) is unconstitutional as applied to him. He correctly concedes that this argument is foreclosed to him by our holdings in United States v. Diaz, 116 F.4th 458, 468-70 (5th Cir. 2024), cert. denied, 155 S. Ct. 2822 (2025), and United States v. Schnur, 132 F.4th 863, 866-67 (5th Cir. 2025).
The judgment is therefore AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.