USA v. Jimenez, No. 23-10213 (5th Cir. 2024)
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Case: 23-10213 Document: 91-1 Page: 1 Date Filed: 04/03/2024 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 23-10213 ____________ April 3, 2024 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus David Jimenez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-278-1 ______________________________ Before Richman, Chief Judge, and Oldham and Ramirez, Circuit Judges. Per Curiam: * David Jimenez pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). He now challenges—for the first time on appeal—that: (1) § 922(g)(1) violates the Second Amendment, in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 17 (2022), and _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10213 Document: 91-1 Page: 2 Date Filed: 04/03/2024 No. 23-10213 (2) § 922(g)(1) is unconstitutional because it exceeds Congress’s authority under the Commerce Clause. We review both arguments for plain error. Both arguments are foreclosed by our precedent. See United States v. Jones, 88 F.4th 571, 573–74 (5th Cir. 2023) (per curiam) (rejecting Bruen challenge to § 922(g)(1) on plain error); id. at 573 (rejecting Commerce Clause challenge to § 922(g)(1) on plain error). AFFIRMED. 2
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