United States v. Fletcher

Opinion

Case: 25-10745 Document: 53-1 Page: 1 Date Filed: 11/21/2025

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

FILED No. 25-10745 November 21, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Jarious Dwayne Fletcher,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-13-1 ______________________________

Before Davis, Wilson, and Douglas, Circuit Judges. Per Curiam:* Jarious Dwayne Fletcher pleaded guilty to possessing a firearm as a felon in violation of 18 U.S.C. § 922(g)(1). On appeal, he argues that § 922(g)(1) is facially unconstitutional under New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). Fletcher concedes that this issue is foreclosed by this court’s precedent, and he states he is raising the issue to

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-10745 Document: 53-1 Page: 2 Date Filed: 11/21/2025

No. 25-10745

preserve it for further review. The Government moves for summary affirmance or, in the alternative, for an extension of time to file an appellate brief. We rejected a facial challenge to § 922(g)(1) under Bruen in United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025). Accordingly, the Government’s unopposed motion for summary affirmance is GRANTED. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The district court’s judgment is AFFIRMED, and the Government’s alternative motion for an extension of time to file a brief is DENIED.