United States v. Hernandez-Ramirez

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 16, 2026
• Docket: 25-50739
• Status: Unpublished

Opinion

Case: 25-50739 Document: 43-1 Page: 1 Date Filed: 02/16/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50739 Summary Calendar FILED ____________ February 16, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Kery Nevil Hernandez-Ramirez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:24-CR-152-1 ______________________________

Before Richman, Southwick, and Willett, Circuit Judges. Per Curiam: * Kery Nevil Hernandez-Ramirez appeals his conviction under 18 U.S.C. § 922(g)(5) for possession of a firearm by an illegal alien, renewing his argument that § 922(g)(5) violates the Second Amendment as applied in his case.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-50739 Document: 43-1 Page: 2 Date Filed: 02/16/2026

No. 25-50739

The Government moves for summary affirmance, citing United States v. Medina-Cantu, 113 F.4th 537, 542 (5th Cir. 2024), cert. denied, 145 S. Ct. 1318 (2025), which upheld the constitutionality of § 922(g)(5) under the Second Amendment. Hernandez-Ramirez takes no position on the motion for summary affirmance, but he correctly concedes that Medina-Cantu forecloses his challenge. Because “there can be no substantial question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, and its alternative motion for an extension of time to file an appellate brief is DENIED. The judgment of the district court is AFFIRMED.