United States v. Jason Scott

Opinion

Case: 19-10472 Document: 00515263718 Page: 1 Date Filed: 01/08/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals Fifth Circuit

FILED

No. 19-10472 January 8, 2020 Summary Calendar

Lyle W. Cayce

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JASON PARIS SCOTT,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:18-CR-297-1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges. PER CURIAM: * Jason Paris Scott appeals his guilty-plea conviction for possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Relying chiefly on National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), he argues that § 922(g)(1) unconstitutionally extends federal control to the mere non-commercial possession of a firearm. Scott concedes,

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 19-10472 Document: 00515263718 Page: 2 Date Filed: 01/08/2020

No. 19-10472

however, that his argument is foreclosed by circuit precedent, and he raises the issue to preserve it for further review.

“[T]he constitutionality of § 922(g)(1) is not open to question.” United States v. De Leon, 170 F.3d 494, 499 (5th Cir. 1999); see also United States v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013); United States v. Rawls, 85 F.3d 240, 242 (5th Cir. 1996). Accordingly, the Government’s motion for summary affirmance is GRANTED. The Government’s alternative motion for an extension of time to file a brief is DENIED as unnecessary. The judgment of the district court is AFFIRMED.