United States v. Thomas

Opinion

Case: 25-11162 Document: 44-1 Page: 1 Date Filed: 05/29/2026

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals Fifth Circuit

No. 25-11162 Summary Calendar FILED ____________ May 29, 2026 Lyle W. Cayce

United States of America, Clerk

Plaintiff—Appellee,

versus

Qurran Thomas,

Defendant—Appellant.

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Appeal from the United States District Court for the Northern District of Texas USDC No. 5:24-CR-135-1

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Before Jones, Duncan, and Douglas, Circuit Judges. Per Curiam: * Qurran Thomas appeals his conviction for possession of ammunition by a convicted felon in violation of 18 U.S.C. § 922(g)(1). On appeal, he argues for the first time that § 922(g)(1) is unconstitutional under the test set forth in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022), and because it exceeds Congress’s authority under the Commerce Clause.

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*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-11162 Document: 44-1 Page: 2 Date Filed: 05/29/2026

No. 25-11162

However, he concedes that both claims are foreclosed. The Government has filed an unopposed motion for summary affirmance or, in the alternative, for an extension of time to file an appellate brief.

The parties are correct that both of Thomas’s claims are foreclosed.

See United States v. Diaz, 116 F.4th 458, 471–72 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025); United States v. Alcantar, 733 F.3d 143, 145 (5th Cir. 2013). Summary affirmance is thus warranted. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED AS MOOT, and the district court’s judgment is AFFIRMED.