United States v. Shannon

• Court: Court of Appeals for the Tenth Circuit
• Decided: March 30, 2026
• Docket: 25-6119
• Status: Unpublished

Opinion

Appellate Case: 25-6119 Document: 33-1 Date Filed: 03/30/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT March 30, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 25-6119 (D.C. No. 5:23-CR-00037-PRW-1) DUWUAN FLORSELLE SHANNON, (W.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________

This matter is before us on the Unopposed Motion for Summary Affirmance

filed by the United States. The United States moves for summary affirmance based

on this court’s recent published decision in Vincent v. Bondi, 127 F.4th 1263 (10th

Cir. 2025), cert. denied No. 24-1155, 607 U.S. --, 2026 WL 568283 (Mar. 2, 2026).

In his opening brief, the appellant’s sole argument is that the statute he was convicted

of violating, 18 U.S.C. § 922(g)(1), is unconstitutional. Now that the Supreme Court

After examining the United States’ motion and the appellate record, this *

panel has determined unanimously that oral argument would not materially assist in the determination of the motion or the appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Additionally, this order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 Federal Rule of Appellate Procedure 32.1 and 10th Circuit Rule 32.1. Appellate Case: 25-6119 Document: 33-1 Date Filed: 03/30/2026 Page: 2

has denied certiorari in Vincent, which presented the same issue on appeal that the

appellant raised here, the appellant concedes his only appellate issue is foreclosed by

circuit precedent.

In light of the foregoing, the abatement of proceedings in this appeal is lifted,

and the United States’ motion for summary affirmance is granted. The judgment of

the district court is affirmed.

Entered for the Court

Per Curiam