United States v. Taylor

Case: 25-10943 Document: 55-1 Page: 1 Date Filed: 05/05/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 25-10943 Summary Calendar FILED May 5, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Mallory Taylor, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:23-CR-203-1

Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam:* Mallory Taylor appeals his guilty plea conviction and sentence for possession of a firearm by a convicted felon. For the first time on appeal, Taylor challenges the district court’s application of the two-level enhancement under U.S.S.G. § 2K2.1(b)(1)(A), asserting that the evidence did not establish that he possessed at least three firearms.

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

Case: 25-10943 Document: 55-1 Page: 2 Date Filed: 05/05/2026

No. 25-10943

The evidence supports a plausible inference that Taylor was in constructive possession of at least two firearms, in addition to the one he admitted to possessing. See United States v. Meza, 701 F.3d 411, 419 (5th Cir. 2012). Accordingly, Taylor has not shown that the district court committed a clear or obvious error in applying the enhancement. See Puckett v. United States, 556 U.S. 129, 135 (2009).

Additionally, Taylor asserts that 18 U.S.C. § 922(g)(1) violates the Second Amendment on its face and that it also exceeds Congress’s authority under the Commerce Clause. However, he concedes that these issues are foreclosed. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025); United States v. Alcantar, 733 F.3d 143, 145 (5th Cir. 2013).

AFFIRMED.