USA v. Gayfield, No. 24-30491 (5th Cir. 2025)
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Case: 24-30488 Document: 57-1 Page: 1 Date Filed: 01/14/2025 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-30488 consolidated with No. 24-30491 Summary Calendar ____________ January 14, 2025 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Kerry D. Gayfield, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Louisiana USDC Nos. 3:13-CR-269-1, 3:24-CR-32-1 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges. Per Curiam: * Kerry Gayfield appeals following his conviction of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1) and the revocation of a previously imposed term of supervised release. He contends that § 922(g)(1) is facially unconstitutional under the Second Amendment in light _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-30488 Document: 57-1 Page: 2 Date Filed: 01/14/2025 No. 24-30488 c/w No. 24-30491 of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). He concedes that that argument is foreclosed by United States v. Diaz, 116 F.4th 458, 471–72 (5th Cir. 2024); he presents the issue on appeal to preserve it for further review. The government has filed an unopposed motion for summary affirmance or, in the alternative, for an extension of time in which to file its brief. Because the claim is foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The motion is GRANTED, the alternative motion is DENIED, and the judgments are AFFIRMED. 2
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