United States v. Nuno-Lopez

• Court: Court of Appeals for the Tenth Circuit
• Decided: March 4, 2026
• Docket: 25-1409
• Status: Unpublished

Opinion

Appellate Case: 25-1409 Document: 24-1 Date Filed: 03/04/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT March 4, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 25-1409 (D.C. No. 1:24-CR-00329-RMR-1) CRISTIAN NUÑO-LOPEZ, (D. Colo.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before HARTZ, MATHESON, and ROSSMAN, Circuit Judges. _________________________________

Christian Nuño-Lopez was indicted on one count of being a felon in possession of

a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). He moved to dismiss the

indictment on the ground that § 922(g)(1) is unconstitutional under the Second

Amendment, both facially and as applied to him. The district court denied the motion.

* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 25-1409 Document: 24-1 Date Filed: 03/04/2026 Page: 2

Mr. Nuño-Lopez pled guilty and was sentenced to 70 months in prison, followed by three

years of supervised release.

In his brief to this court, Mr. Nuño-Lopez states that in district court he “conceded

his claims were foreclosed by this Court’s decision in Vincent v. Bondi, 127 F.4th 1263

(10th Cir. 2025), pet. for cert. filed (U.S. May 12, 2025) (No. 24-1155), and that he was

raising them for purposes of preservation.” Aplt. Br. at 3.1 He brought this appeal “[f]or

preservation purposes,” and makes the same concession. Id. at 4. We therefore affirm

the district court’s judgment.

Entered for the Court

Scott M. Matheson, Jr. Circuit Judge

1 The Supreme Court denied certiorari in Vincent v. Bondi on March 2, 2026. 607 U.S. --- (2026) (No. 24-1155).