Case Information
*1 Case: 20-11148 Document: 00515948563 Page: 1 Date Filed: 07/22/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 22, 2021 No. 20-11148 Lyle W. Cayce Summary Calendar Clerk United States of America,
Plaintiff—Appellee , versus
Terrance V. Frelix,
Defendant—Appellant . Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CR-123-1 Before Davis, Jones, and Elrod, Circuit Judges .
Per Curiam: *
Terrance V. Frelix appeals his conviction for possessing a firearm after having been convicted of a felony offense. See 18 U.S.C. § 922(g)(1). He contends that § 922(g)(1) exceeds Congress’s power to legislate on issues affecting interstate commerce, and he cites National Federation of Independent *2 Case: 20-11148 Document: 00515948563 Page: 2 Date Filed: 07/22/2021
No. 20-11148 Business v. Sebelius , 567 U.S. 519 (2012). Frelix concedes that his argument is foreclosed by United States v. Alcantar , 733 F.3d 143 (5th Cir. 2013), but he seeks to preserve the issue for future review. Agreeing that Alcantar forecloses relief, the Government moves for summary affirmance or, alternatively, for an extension of time in which to file a merits brief.
The parties are correct that Frelix’s argument is foreclosed. See Alcantar , 733 F.3d at 145-46; see generally 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 is DENIED . 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[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.