United States v. Williams ( 2023 )

Case: 22-10129 Document: 00516665034 Page: 1 Date Filed: 03/03/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10129
Summary Calendar FILED
____________ March 3, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Kelvun Montrail Williams,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:20-CR-401-1
______________________________
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam: *
Kelvun Montrail Williams appeals from his guilty plea conviction for
receipt of a firearm while under indictment, in violation of 18 U.S.C.
§§ 922(n) and 924(a)(1)(D). He argues that § 922(n) does not pass the
historical test announced in New York State Rifle & Pistol Ass’n v. Bruen, 142
S. Ct. 2111 (2022), and is therefore unconstitutional.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10129 Document: 00516665034 Page: 2 Date Filed: 03/03/2023
No. 22-10129
We review Williams’s challenge for plain error because he did not
present it to the district court. See Puckett v. United States, 556 U.S. 129, 135
(2009); United States v. Toure, 965 F.3d 393, 399 (5th Cir. 2020). In an
unpublished opinion, we have recently rejected the argument that § 922(n)
is clearly or obviously unconstitutional under Bruen. See United States v.
Avila, No. 22-50088, 2022 WL 17832287, at *2 (5th Cir. Dec. 21, 2022)
(unpublished). The issue is therefore subject to reasonable dispute, and
Williams cannot demonstrate a clear or obvious error. See Puckett, 556 U.S.
at 135; United States v. Guerrero-Robledo, 565 F.3d 940, 946 (5th Cir. 2009);
United States v. Fields, 777 F.3d 799, 802 (5th Cir. 2015) (“In considering
whether an error is clear or obvious we look to the state of the law at the time
of appeal.” (internal quotation marks and citation omitted)).
AFFIRMED.
2