United States v. Mireles

Opinion

Case: 23-50601 Document: 76-1 Page: 1 Date Filed: 02/19/2025

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

No. 23-50601 FILED February 19, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Jacob Thomas Mireles,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:22-CR-301-1 ______________________________

Before Jolly, Graves, and Oldham, Circuit Judges. Per Curiam: * Jacob Thomas Mireles pleaded guilty to possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). On appeal, he argues 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 on its face and as applied to him.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50601 Document: 76-1 Page: 2 Date Filed: 02/19/2025

No. 23-50601

Regarding Mireles’s facial challenge, a panel of this court recently rejected another preserved Second Amendment challenge to § 922(g)(1), concluding that the statute is facially constitutional. United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024). As a result, this argument is foreclosed. See United States v. Medina-Cantu, 113 F.4th 537, 539 (5th Cir. 2024). Our decision in Diaz also resolves Mireles’s argument that § 922(g)(1) is unconstitutional as applied to a felon like him with a vehicle theft conviction. See Diaz, 116 F.4th at 471. AFFIRMED.