United States v. Mitchell

Opinion

Case: 23-30843 Document: 62-1 Page: 1 Date Filed: 11/07/2024

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

No. 23-30843 FILED ____________ November 7, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Broxstonie Demichael Mitchell,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:21-CR-299-1 ______________________________

Before Jolly, Higginson, and Duncan, Circuit Judges. Per Curiam: * Broxstonie Demichael Mitchell pleaded guilty to 18 U.S.C. § 922(g)(1), possession of a firearm by a felon. He now appeals his convic- tion, raising a Second Amendment facial challenge to the constitutionality of § 922(g)(1). Because a panel of our court recently held that § 922(g)(1) is fa- cially constitutional under the Second Amendment, Mitchell’s constitutional challenge is clearly foreclosed. See United States v. Diaz, 116 F.4th 458, 471–

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-30843 Document: 62-1 Page: 2 Date Filed: 11/07/2024

No. 23-30843

72 (5th Cir. 2024); see also Bonvillian Marine Serv., Inc. v. Pellegrin (In re Bonvillian Marine Serv., Inc.), 19 F.4th 787, 792 (5th Cir. 2021) (providing that a panel of our court cannot overturn another panel unless there is an in- tervening change in the law, such as by statute, the en banc court, or the Su- preme Court). As a result, the parties’ disputes over whether Mitchell’s chal- lenge is preserved and, in turn, what standard of review applies are moot. See Diaz, 116 F.4th at 471–72 (finding that § 922(g)(1) survives a preserved facial challenge); United States v. Jones, 88 F.4th 571, 574 (5th Cir. 2023) (finding that § 922(g)(1) survives an unpreserved facial challenge). Accordingly, Mitchell’s conviction is, in all respects, AFFIRMED.