United States v. McCuin

Case: 25-60555 Document: 67-1 Page: 1 Date Filed: 08/06/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-60555 Summary Calendar FILED ____________ August 6, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jesse Ray McCuin, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:24-CR-38-1 ______________________________ Before Smith, Stewart, and Oldham, Circuit Judges.

Per Curiam: * Jesse McCuin appeals his conviction of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). He maintains that § 922(g)(1) violates the Second Amendment, both on its face and as applied to him, in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022).

He also contends that § 922(g)(1) is an unconstitutional extension of Con- gress’s authority under the Commerce Clause and that there is an insufficient Case: 25-60555 Document: 67-1 Page: 2 Date Filed: 08/06/2026

No. 25-60555 federal nexus between firearm possession and commerce.

Because McCuin properly preserved his constitutional challenges, we review them de novo. See United States v. Diaz, 116 F.4th 458, 462 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025). McCuin correctly concedes that all of his challenges are foreclosed by our precedent. See United States v. Schnur, 132 F.4th 863, 870–71 (5th Cir. 2025); Diaz, 116 F.4th at 471–72; United States v. Alcantar, 733 F.3d 143, 145 (5th Cir. 2013).

The judgment is AFFIRMED.