United States v. Swick

Opinion

Case: 24-10167 Document: 63-1 Page: 1 Date Filed: 02/26/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10167 Summary Calendar FILED ____________ February 26, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Wesley Eron Swick,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 7:23-CR-21-1 ______________________________

Before Davis, Stewart, and Southwick, Circuit Judges. Per Curiam: * Wesley Eron Swick asserts that his statute of conviction, 18 U.S.C. § 922(g)(1), is facially unconstitutional under the Second Amendment in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10167 Document: 63-1 Page: 2 Date Filed: 02/26/2025

No. 24-10167

The Government is correct that Swick’s challenge is foreclosed. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024). Therefore, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.