United States v. Judd

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 24, 2025
• Docket: 24-40389
• Status: Unpublished

Opinion

Case: 24-40389 Document: 57-1 Page: 1 Date Filed: 03/24/2025

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

FILED No. 24-40389 March 24, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Jacob Allen Judd,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:23-CR-549-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * Jacob Allen Judd pleaded guilty to possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). On appeal, he challenges the district court’s denial of his motion to dismiss the indictment, arguing that, in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022), § 922(g)(1) violates the Second Amendment as applied to him.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-40389 Document: 57-1 Page: 2 Date Filed: 03/24/2025

No. 24-40389

Our decision in Diaz resolves Judd’s argument that § 922(g)(1) is unconstitutional as applied to a felon like him with a vehicle theft conviction. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), petition for cert. filed (U.S. Feb. 18, 2025) (No. 24-6625). 1 AFFIRMED.

_____________________ 1 While Judd also contends that Diaz was wrongly decided and that § 922(g)(1) is facially unconstitutional, he correctly concedes that these arguments are foreclosed. See United States v. Boche-Perez, 755 F.3d 327, 344 (5th Cir. 2014) (rule of orderliness); United States v. Contreras, 125 F.4th 725, 729 (5th Cir. 2025) (recognizing that a facial challenge to § 922(g)(1) is foreclosed by Diaz).