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United States v. Lindsey Ewing
17-10099
| 5th Cir. | Sep 21, 2017
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Docket

*1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM: [*]

Appealing the judgment in a criminal case, Lindsey Ewing raises arguments that are foreclosed by United States v. Alcantar , 733 F.3d 143, 145- 46 (5th Cir. 2013), and United States v. Trejo , 610 F.3d 308, 312-13 (5th Cir. 2010). In Alcantar , we rejected the argument that Nat’l Fed’n of Indep. Bus. v. Sebelius , 132 S. Ct. 2566 (2012), affected our prior jurisprudence rejecting challenges to the constitutionality of 18 U.S.C. § 922(g)(1). Alcantar , 733 F.3d *2 Case: 17-10099 Document: 00514165671 Page: 2 Date Filed: 09/21/2017

No. 17-10099

at 146. In Trejo , we applied the plain error standard to a factual sufficiency claim that was raised for the first time in this court. Trejo , 610 F.3d at 313. Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for extension of time is DENIED, and the judgment is AFFIRMED.

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[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Lindsey Ewing
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Sep 21, 2017
Docket Number: 17-10099
Court Abbreviation: 5th Cir.
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