United States v. Truex

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 28, 2025
• Docket: 24-50199
• Status: Unpublished

Opinion

Case: 24-50199 Document: 65-1 Page: 1 Date Filed: 05/28/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50199 Summary Calendar FILED ____________ May 28, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Taylor Dan Truex,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:23-CR-172-1 ______________________________

Before Jolly, Graves, and Oldham, Circuit Judges. Per Curiam: * Taylor Dan Truex pleaded guilty to possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a), and possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g)(1). He challenges only his firearm conviction, arguing, as he did in the district court, that § 922(g)(1) is unconstitutional in multiple respects.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-50199 Document: 65-1 Page: 2 Date Filed: 05/28/2025

No. 24-50199

Truex’s facial challenge to § 922(g)(1) under the Second Amendment is now foreclosed, as he concedes. See United States v. Diaz, 116 F.4th 458, 471-72 (5th Cir. 2024), petition for cert. filed (U.S. Feb. 18, 2025) (No. 24-6625). Because he was on supervised release when he violated § 922(g)(1), his as-applied challenge under the Second Amendment is similarly foreclosed. See United States v. Giglio, 126 F.4th 1039, 1045-46 (5th Cir. 2025). For the reasons articulated in Giglio, we do not read Giglio to be in conflict with Diaz. See Giglio, 126 F.4th at 1046. Finally, we agree that Truex’s Commerce Clause challenge is also foreclosed. See United States v. Perryman, 965 F.3d 424, 426 (5th Cir. 2020); United States v. Alcantar, 733 F.3d 143, 145-46 (5th Cir. 2013). AFFIRMED.