United States v. Celestine

Case: 25-30506 Document: 65-1 Page: 1 Date Filed: 05/14/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 25-30506 May 14, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Michael Celestine, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:24-CR-92-1 ______________________________ Before King, Haynes, and Ho, Circuit Judges.

Per Curiam: * Michael Celestine appeals his conviction for possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). He contends that the statute violates the Second Amendment on its face and as applied to him, that recent interpretations of it in the Second Amendment context have rendered it unconstitutionally vague, and that it exceeds Congress’s authority under _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-30506 Document: 65-1 Page: 2 Date Filed: 05/14/2026

No. 25-30506 the Commerce Clause. He is correct that these arguments 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. Schnur, 132 F.4th 863, 870-71 (5th Cir. 2025); United States v. Landrum, 168 F.4th 771, 772-75 (5th Cir. 2026); United States v. Alcantar, 733 F.3d 143, 145-46 (5th Cir. 2013).

Additionally, Celestine asks us to vacate his conviction because the case-by-case application of § 922(g)(1) in the Second Amendment context violates separation of powers principles. We have not previously addressed this issue, however, and find no clear or obvious error as is necessary to establish plain error. See United States v. Evans, 587 F.3d 667, 671 (5th Cir. 2009); Puckett v. United States, 556 U.S. 129, 135 (2009).

AFFIRMED.