Case: 19-10363 Document: 00515302023 Page: 1 Date Filed: 02/07/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-10363 February 7, 2020
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EMILIO GARZA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-261-1
Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM: *
Appealing his guilty plea conviction for being a felon in possession of a
firearm, Emilio Garza raises an argument that is foreclosed by United States
v. Alcantar, 733 F.3d 143 (5th Cir. 2013). In Alcantar, 733 F.3d at 145-46, we
rejected the argument that Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S. 519
(2012), affected our prior jurisprudence rejecting challenges to the
constitutionality of 18 U.S.C. § 922(g)(1). Accordingly, the motion for summary
affirmance is GRANTED, the alternative motion for an extension of time to file
a brief is DENIED, and the judgment of the district court is AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.