Case: 20-11108 Document: 00515910457 Page: 1 Date Filed: 06/22/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
June 22, 2021
No. 20-11108 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Damoni Owens,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CR-37-1
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
Damoni Owens appeals his guilty plea conviction for being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Relying on
National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012),
Owens argues that § 922(g)(1) is unconstitutional because it exceeds
*
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opinion should not be published and is not precedent except under the limited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: 20-11108 Document: 00515910457 Page: 2 Date Filed: 06/22/2021
No. 20-11108
Congress’s authority under the Commerce Clause. He concedes that this
argument is foreclosed by our decision in United States v. Alcantar, 733 F.3d
143 (5th Cir. 2013). Citing Alcantar, the Government moves for summary
affirmance or, in the alternative, for an extension of time in which to file a
merits brief.
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.”
Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969); see
Alcantar, 733 F.3d at 145-46. Accordingly, the motion for summary
affirmance is GRANTED. The Government’s alternative motion for an
extension of time is DENIED as moot. The judgment is AFFIRMED.
2