United States v. Calhoun

Case: 25-11157 Document: 67-1 Page: 1 Date Filed: 09/09/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-11157 September 9, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Latoya Calhoun, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-148-1 ______________________________ Before Jones, Ho, and Wilson, Circuit Judges.

Per Curiam:* Latoya Calhoun was convicted of possession of a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). On appeal, she argues for the first time that § 922(g)(1) violates the Second Amendment as applied to her. The Government has moved for summary affirmance or, alternatively, an extension of time in which to file a brief. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969) (noting that summary disposition Case: 25-11157 Document: 67-1 Page: 2 Date Filed: 09/09/2026

No. 25-11157 is warranted when “one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case”). We decline to grant summary affirmance but conclude that further briefing is unnecessary to resolve this appeal.

Our review of Calhoun’s claim is for plain error. See United States v. Jones, 88 F.4th 571, 572 (5th Cir. 2023). Because, at a minimum, she has not demonstrated that any error was clear or obvious, Calhoun fails to show plain error. See id. at 574; United States v. Cisneros, 130 F.4th 472, 477 (5th Cir. 2025). Accordingly, the Government’s motion for summary affirmance and its alternative motion for an extension of time are DENIED, and the judgment of the district court is AFFIRMED.