USA v. Derrick Brice, No. 15-11126 (5th Cir. 2016)

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Case: 15-11126 Document: 00513556885 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-11126 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. DERRICK DEON BRICE, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:14-CR-172-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Derrick Deon Brice raises arguments that are foreclosed by United States v. Alcantar, 733 F.3d 143, 14546 (5th Cir. 2013), United States v. Luna, 165 F.3d 316, 319 (5th Cir. 1999), 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 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 15-11126 Document: 00513556885 Page: 2 Date Filed: 06/21/2016 No. 15-11126 constitutionality of 18 U.S.C. § 922(g)(1). 733 F.3d at 146. Because § 922(j) is substantially similar to § 922(g), the same result is reached with respect to Brice’s challenge to it. See Luna, 165 F.3d at 319. Finally, in Trejo, we applied the plain error standard to a factual sufficiency claim that was raised for the first time in this court. 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 of the district court is AFFIRMED. 2