United States v. Lee

Opinion

Case: 25-60100 Document: 57-1 Page: 1 Date Filed: 09/29/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-60100 Summary Calendar FILED ____________ September 29, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Brad O’Neal Lee,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:23-CR-76-1 ______________________________

Before Smith, Higginson, and Wilson, Circuit Judges. Per Curiam: * Brad O’Neal Lee pleaded guilty to possession of a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1). On appeal, he argues that § 922(g)(1) violates the Second Amendment, is unconstitutionally vague, violates the equal protection component of the Fifth Amendment’s Due Process Clause, and exceeds Congress’s authority under the Commerce

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-60100 Document: 57-1 Page: 2 Date Filed: 09/29/2025

No. 25-60100

Clause. The Government has moved for summary affirmance on the grounds that Lee’s Second Amendment challenges are foreclosed, and his remaining claims are barred by the appeal waiver in his plea agreement. Mr. Lee responded to the Government’s motion, acknowledging that all his claims are foreclosed, and that summary affirmance is appropriate. Accordingly, the Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.