United States v. Dominguez

Opinion

Case: 24-50183 Document: 64-1 Page: 1 Date Filed: 12/31/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50183 Summary Calendar FILED ____________ December 31, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Rafael Dominguez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:23-CR-99-1 ______________________________

Before Higginbotham, Jones, and Oldham, Circuit Judges. Per Curiam: * Rafael Dominguez was convicted of possession of a firearm by a con- victed felon in violation of 18 U.S.C. § 922(g)(1). On appeal, Dominguez ar- gues that § 922(g)(1) is facially unconstitutional under the Second Amend- ment. This argument is foreclosed by our precedent. See United States v. Diaz, 116 F.4th 458, 471–72 (5th Cir. 2024). Although Dominguez raised an

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-50183 Document: 64-1 Page: 2 Date Filed: 12/31/2024

as-applied challenge below, he failed to raise it before this court. That argu- ment is thus abandoned. See Cinel v. Connick, 15 F.3d 1338, 1345 (5th Cir. 1994); Fed. R. App. P. 28(a)(8)(A). Finally, Dominguez asserts that § 922(g)(1) violates the Commerce Clause. But as Dominguez recognizes, this argument is also foreclosed by our prior decisions. See, e.g., United States v. Perryman, 965 F.3d 424, 426 (5th Cir. 2020). AFFIRMED.