United States v. Hall

Opinion

Case: 25-11261 Document: 48-1 Page: 1 Date Filed: 07/02/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-11261 Summary Calendar FILED ____________ July 2, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Montique Oshay Hall,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-145-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Montique Oshay Hall appeals his conviction under 18 U.S.C. § 922(g)(1) for possession of a firearm by a felon. In his sole issue on appeal, he argues that § 922(g)(1) facially violates the Second Amendment. He concedes that the argument is foreclosed, but he seeks to preserve it for further review. The Government has filed an unopposed motion for

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-11261 Document: 48-1 Page: 2 Date Filed: 07/02/2026

No. 25-11261

summary affirmance and, alternatively, for an extension of time to file an appellate brief. The parties are correct that Hall’s facial constitutional challenge is foreclosed. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025). Summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.