Filed: Jun. 21, 2016
Latest Update: Mar. 02, 2020
Summary: 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, Lyle W. Cayce Clerk Plaintiff-Appellee 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: *
Summary: 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, Lyle W. Cayce Clerk Plaintiff-Appellee 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: * A..
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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,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
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, 145-
46 (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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
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