United States v. Edwards

Opinion

Case: 24-30138 Document: 116-1 Page: 1 Date Filed: 12/02/2025

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

No. 24-30138 FILED Summary Calendar December 2, 2025 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Demartinas L. Edwards,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:23-CR-199-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Demartinas L. Edwards appeals his conviction for possession of a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). Edwards argues that § 922(g)(1) violates the Second Amendment on its face and as applied to him.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-30138 Document: 116-1 Page: 2 Date Filed: 12/02/2025

No. 24-30138

As Edwards correctly concedes, his facial challenge to § 922(g)(1) is foreclosed. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025). In addition, his as-applied challenge fails because he has a predicate conviction for a drug trafficking offense. See United States v. Kimble, 142 F.4th 308, 312, 318 (5th Cir. 2025), petition for cert. filed (U.S. Sept. 24, 2025) (No. 25-5747). Accordingly, the judgment of the district court is AFFIRMED.