United States v. Bazile

Opinion

Case: 23-10386 Document: 88-1 Page: 1 Date Filed: 02/28/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit

FILED No. 23-10386 February 28, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Jerrell Anthony Bazile,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CR-127-1 ______________________________

Before Jolly, Jones, and Willett, Circuit Judges. Per Curiam:* Jerrell Anthony Bazile asserts that the statute under which he was convicted, 18 U.S.C. § 922(g)(1), is facially unconstitutional under the Second Amendment in view of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The Government has filed an unopposed motion

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10386 Document: 88-1 Page: 2 Date Filed: 02/28/2025

No. 23-10386

for summary affirmance, or alternatively, for an extension of time in which to file a brief. The Government is correct that Bazile’s challenge is foreclosed. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024). Therefore, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.