United States v. Alvarez

Opinion

Case: 24-10739 Document: 67-1 Page: 1 Date Filed: 06/03/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10739 Summary Calendar FILED ____________ June 3, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Alex Alvarez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-98-1 ______________________________

Before King, Southwick, and Engelhardt, Circuit Judges. Per Curiam: * Alex Alvarez pleaded guilty to possessing a firearm as a convicted felon and was sentenced to 25 months of imprisonment with two years of supervised release. On appeal, he argues that his statute of conviction, 18 U.S.C. § 922(g)(1), violates the Second Amendment as applied to him in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022), and

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10739 Document: 67-1 Page: 2 Date Filed: 06/03/2025

No. 24-10739

United States v. Diaz, 116 F.4th 458 (5th Cir. 2024), petition for cert. filed (U.S. Feb. 24, 2025) (No. 24-6625). 1 His unpreserved as-applied challenge fails on plain error review because he has not shown that applying § 922(g)(1) based on his prior felonies amounts to clear or obvious error. See United States v. Cisneros, 130 F.4th 472, 476–77 (5th Cir. 2025). AFFIRMED.

_____________________ 1 Alvarez contends in the alternative that Diaz was wrongly decided and that § 922(g)(1) is facially unconstitutional. This argument is foreclosed. See Diaz, 116 F.4th at 471–72.