United States v. Patino

Case: 25-50039 Document: 70-1 Page: 1 Date Filed: 08/12/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50039 August 12, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

San Ynes Patino,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:24-CR-60-1 ______________________________

Before Elrod, Chief Judge, and Southwick and Ramirez, Circuit Judges.

Per Curiam:*

San Ynes Patino was convicted of possession of a firearm following a felony conviction, in violation of 18 U.S.C. § 922(g)(1). He challenges his conviction on appeal, asserting that § 922(g)(1) violates the Second Amendment as applied to him.

Case: 25-50039 Document: 70-1 Page: 2 Date Filed: 08/12/2026

No. 25-50039

The government concedes that we must reverse Patino’s conviction in light of United States v. Hembree, 165 F.4th 909, 911 (5th Cir. 2026), petition for cert. filed (U.S. Apr. 24, 2026) (No. 25-1219), which held that § 922(g)(1) violates the Second Amendment as applied to a defendant whose predicate felony is simple drug possession, id. at 911–18.

Likewise, here, Patino’s § 922(g)(1) conviction was predicated on his felony conviction for simple drug possession. Therefore, we hold that § 922(g)(1), as applied to Patino, violates the Second Amendment, and we REVERSE his conviction.