USA v. Percy Demerson, No. 18-10349 (5th Cir. 2018)

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Case: 18-10349 Document: 00514699959 Page: 1 Date Filed: 10/26/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-10349 Summary Calendar United States Court of Appeals Fifth Circuit FILED October 26, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. PERCY ELWAYNE DEMERSON, Defendant - Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17-CR-222-1 Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Percy Elwayne Demerson 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, 313 (5th Cir. 2010). In Alcantar, we rejected the argument that Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012), affected our prior jurisprudence rejecting challenges to the constitutionality of 18 U.S.C. § 922(g)(1). Alcantar, 733 F.3d 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10349 Document: 00514699959 Page: 2 Date Filed: 10/26/2018 No. 18-10349 at 146. In Trejo, we applied the plain error standard of review 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 of the district court is AFFIRMED. 2