United States v. Garcia

Case: 25-50247 Document: 61-1 Page: 1 Date Filed: 04/20/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50247 April 20, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus David Manuel Garcia, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:19-CR-71-1 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam: * David Manuel Garcia appeals from his conviction for engaging in illicit sexual conduct in a foreign place as prohibited under 18 U.S.C. § 2423(c).

On appeal, he argues that § 2423(c) is unconstitutional because it exceeds congressional authority to regulate interstate and foreign commerce.

Although he unsuccessfully moved in district court to dismiss the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50247 Document: 61-1 Page: 2 Date Filed: 04/20/2026

No. 25-50247 indictment, his motion was not based on the same constitutional grounds he raises now. We review unpreserved constitutional challenges for plain error only. See United States v. Jones, 88 F.4th 571, 572 (5th Cir. 2023).

In support of this challenge, Garcia relies on United States v. Morrison, 529 U.S. 598 (2000), and United States v. Lopez, 514 U.S. 549 (1995).

However, he admits that this is an issue of first impression in this court.

Because Garcia is not relying on any cases involving § 2423(c), he cannot show plain error on this basis. See United States v. Vargas-Soto, 700 F.3d 180, 182 (5th Cir. 2012) (holding that “an error is not plain if it requires the extension of precedent”).

Accordingly, the district court’s judgment is AFFIRMED.