United States v. Wiggin

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10810
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CHRISTOPHER GEORGE WIGGIN,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:19-CR-14-1

Before SMITH, DENNIS, and DUNCAN, Circuit Judges
PER CURIAM:
*

Christopher George Wiggin appeals his guilty plea conviction for
possession of a firearm by a convicted felon, in violation of 18 U.S.C.
§§ 922(g)(1) and 924(a)(2). 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. Wiggin concedes, however, that his

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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 11, 2020

Lyle W. Cayce
Clerk
Case: 19-10810 Document: 00515306186 Page: 1 Date Filed: 02/11/2020

No. 19-10810
2
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). Accordingly, the Government’s
motion for summary affirmance is GRANTED. See Groendyke Transp., Inc. v.
Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). 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: 19-10810 Document: 00515306186 Page: 2 Date Filed: 02/11/2020