Case Information
*1 Case: 20-11108 Document: 00515910457 Page: 1 Date Filed: 06/22/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 22, 2021 No. 20-11108 Lyle W. Cayce Clerk Summary Calendar United States of America,
Plaintiff—Appellee , versus
Damoni Owens,
Defendant—Appellant . Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-37-1 Before Jolly, Elrod, and Graves, Circuit Judges .
Per Curiam: *
Damoni Owens appeals his guilty plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Relying on National Federation of Independent Business v. Sebelius , 567 U.S. 519 (2012), Owens argues that § 922(g)(1) is unconstitutional because it exceeds *2 Case: 20-11108 Document: 00515910457 Page: 2 Date Filed: 06/22/2021
No. 20-11108 Congress’s authority under the Commerce Clause. He concedes that this argument is foreclosed by our decision in United States v. Alcantar , 733 F.3d 143 (5th Cir. 2013). Citing Alcantar , the Government moves for summary affirmance or, in the alternative, for an extension of time in which to file a merits brief.
The Government’s position is “clearly right as a matter of law so that there can be no substantial question as to the outcome of the case.” Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969); see Alcantar , 733 F.3d at 145-46. Accordingly, the motion for summary affirmance is GRANTED . The Government’s alternative motion for an extension of time is DENIED as moot. The judgment is AFFIRMED .
2
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.