United States v. Scott

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10472
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JASON PARIS SCOTT,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:18-CR-297-1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
*

Jason Paris Scott appeals his guilty-plea conviction for possession of a
firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Relying
chiefly on National Federation of Independent Business v. Sebelius, 567 U.S.
519 (2012), he argues that § 922(g)(1) unconstitutionally extends federal
control to the mere non-commercial possession of a firearm. Scott concedes,

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
January 8, 2020

Lyle W. Cayce
Clerk
Case: 19-10472 Document: 00515263718 Page: 1 Date Filed: 01/08/2020

No. 19-10472
2
however, that his argument is foreclosed by circuit precedent, and he raises
the issue to preserve it for further review.
“[T]he constitutionality of § 922(g)(1) is not open to question.” United
States v. De Leon, 170 F.3d 494, 499 (5th Cir. 1999); see also United States
v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013); United States v. Rawls, 85 F.3d
240, 242 (5th Cir. 1996). Accordingly, the Government’s motion for summary
affirmance is GRANTED. The Government’s alternative motion for an
extension of time to file a brief is DENIED as unnecessary. The judgment of
the district court is AFFIRMED.
Case: 19-10472 Document: 00515263718 Page: 2 Date Filed: 01/08/2020