United States v. Farley

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 31, 2024
• Docket: 24-40384
• Status: Unpublished

Opinion

Case: 24-40384 Document: 47-1 Page: 1 Date Filed: 10/31/2024

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

____________ FILED October 31, 2024 No. 24-40384 Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee,

versus

Jamaal B. Sherard Farley,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:22-CR-1009-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * Jamaal B. Sherard Farley pleaded guilty to possession of a firearm and ammunition by a person having been convicted of a crime punishable by imprisonment for a term exceeding one year and was sentenced to six months of imprisonment and one year of supervised release. For the first time on appeal, he argues that 18 U.S.C. § 922(g)(1) is unconstitutional because it

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-40384 Document: 47-1 Page: 2 Date Filed: 10/31/2024

No. 24-40384

violates the Second Amendment and the Commerce Clause. The Government has moved without opposition for summary affirmance, or, alternatively, for an extension of time to file a brief. As Farley correctly concedes, his arguments are foreclosed. See United States v. Jones, 88 F.4th 571, 573-74 (5th Cir. 2023), cert. denied, 144 S. Ct. 1081 (2024); United States v. Perryman, 965 F.3d 424, 426 (5th Cir. 2020). Therefore, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.