United States v. Haynes

Opinion

Case: 23-30638 Document: 76-1 Page: 1 Date Filed: 12/17/2024

United States Court of Appeals for the Fifth Circuit

____________

United States Court of Appeals Fifth Circuit

No. 23-30638 Summary Calendar FILED ____________ December 17, 2024 Lyle W. Cayce

United States of America, Clerk

Plaintiff—Appellee,

versus

Ismael Moises Haynes,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:23-CR-71-1

______________________________

Before King, Southwick, and Engelhardt, Circuit Judges. Per Curiam: * Ismael Moises Haynes pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Before sentencing, he moved to withdraw his plea in light of New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), which altered the Second Amendment landscape. The district court denied that motion, concluding that felons are not part of

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-30638 Document: 76-1 Page: 2 Date Filed: 12/17/2024

No. 23-30638

“the people” protected by the Second Amendment. 1 Haynes appealed, raising a facial challenge to Section 922(g)(1).

We recently addressed a facial challenge to Section 922(g)(1), holding that facial challenges to the provision fail because at least one application is constitutional. United States v. Diaz, 116 F.4th 458, 471–72 (5th Cir. 2024). As Haynes makes clear in his briefing, he raises only a facial challenge, not an as-applied challenge. Therefore, his sole issue on appeal is foreclosed. See United States v. French, 121 F.4th 538, 538 (5th Cir. 2024).

We remove this appeal from abeyance and AFFIRM.

_____________________

1 We recently rejected this idea. United States v. Diaz, 116 F.4th 458, 466–67 (5th Cir. 2024).