Case: 20-11148 Document: 00515948563 Page: 1 Date Filed: 07/22/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 22, 2021
No. 20-11148 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Terrance V. Frelix,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:20-CR-123-1
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam:*
Terrance V. Frelix appeals his conviction for possessing a firearm
after having been convicted of a felony offense. See 18 U.S.C. § 922(g)(1).
He contends that § 922(g)(1) exceeds Congress’s power to legislate on issues
affecting interstate commerce, and he cites National Federation of Independent
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-11148 Document: 00515948563 Page: 2 Date Filed: 07/22/2021
No. 20-11148
Business v. Sebelius, 567 U.S. 519 (2012). Frelix concedes that his argument
is foreclosed by United States v. Alcantar, 733 F.3d 143 (5th Cir. 2013), but he
seeks to preserve the issue for future review. Agreeing that Alcantar
forecloses relief, the Government moves for summary affirmance or,
alternatively, for an extension of time in which to file a merits brief.
The parties are correct that Frelix’s argument is foreclosed. See
Alcantar, 733 F.3d at 145-46; see generally Groendyke Transp., Inc. v. Davis,
406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion
for summary affirmance is GRANTED. Its alternative motion for an
extension of time is DENIED. The judgment is AFFIRMED.
2