United States v. Fairley

Case: 26-60047 Document: 54-1 Page: 1 Date Filed: 09/09/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals No. 26-60047 Fifth Circuit

Summary Calendar FILED ____________ September 9, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Elton Wayne Fairley, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:25-CR-54-1 ______________________________ Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam:* Elton Wayne Fairley pleaded guilty to possession of a firearm after felony conviction, and he was sentenced to 42 months of imprisonment. On appeal, he renews his arguments that 18 U.S.C. § 922(g)(1) is unconstitutional on its face and as applied to him under the Second Amendment based on New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). He further renews his argument that § 922(g)(1) exceeds Case: 26-60047 Document: 54-1 Page: 2 Date Filed: 09/09/2026

No. 26-60047

Congress’s authority under the Commerce Clause. The Government has moved without opposition for summary affirmance.

Fairley correctly concedes that his arguments are foreclosed. See United States v. Diaz, 116 F.4th 458, 462, 467–72 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025); United States v. Giglio, 126 F.4th 1039, 1044–45 (5th Cir. 2025). Because the Government’s position “is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case,” summary affirmance is appropriate. Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.