United States v. Garza

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10363
Summary Calendar

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
February 7, 2020

Lyle W. Cayce
Clerk
Case: 19-10363 Document: 00515302023 Page: 1 Date Filed: 02/07/2020