United States v. Lee

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 23, 2025
• Docket: 24-30622
• Status: Unpublished

Opinion

Case: 24-30622 Document: 50-1 Page: 1 Date Filed: 05/23/2025

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

No. 24-30622 FILED May 23, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Jakari Alexander Lee,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:22-CR-195-1 ______________________________

Before Jolly, Jones, and Willett, Circuit Judges. Per Curiam: * Jakari Alexander Lee appeals his conviction under 18 U.S.C. § 922(g)(1). He argues the statute of conviction violates the Second Amendment on its face in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The Government previously moved to suspend

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-30622 Document: 50-1 Page: 2 Date Filed: 05/23/2025

No. 24-30622

briefing and has now filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief. The Government is correct that Lee’s facial Second Amendment challenge is foreclosed. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), petition for cert. filed (U.S. Feb. 18, 2025) (24-6625). Because summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, the motions to suspend briefing and for an extension of time to file a brief are DENIED as moot, and the district court’s judgment is AFFIRMED.