United States v. Hahn

Opinion

Case: 24-40437 Document: 81-1 Page: 1 Date Filed: 10/10/2025

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

____________ FILED October 10, 2025 No. 24-40437 Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Derrick Hahn,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:23-CR-240-1 ______________________________

Before Smith, Dennis, and Richman, Circuit Judges. Per Curiam: * Derrick Hahn pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). On appeal, he asserts that (1) § 922(g)(1) facially violates the Second Amendment; (2) § 922(g)(1) as applied to him violates the Second Amendment; and (3) § 922(g)(1) as applied to him violates the Commerce Clause. Hahn concedes that all three challenges are foreclosed. See United States v. Kimble, 142 F.4th 308, 310 n.2 (5th Cir. 2025) (holding

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-40437 Document: 81-1 Page: 2 Date Filed: 10/10/2025

No. 24-40437

that United States v. Diaz, 116 F.4th 458 (5th Cir. 2024), forecloses facial challenges to § 922(g)(1) based on the Second Amendment); United States v. Alaniz, 146 F.4th 1240, 1241 (5th Cir. 2025) (rejecting a defendant’s as- applied challenge to § 922(g)(1) because that defendant, like Hahn, had a prior felony conviction for burglary); Kimble, 142 F.4th at 310 n.2 (holding that United States v. Jones, 88 F.4th 571, 573 (5th Cir. 2023), forecloses Commerce Clause challenges to § 922(g)(1)). AFFIRMED.