United States v. Lindsey Ewing ( 2017 )

Case: 17-10099 Document: 00514165671 Page: 1 Date Filed: 09/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-10099 FILED
Summary Calendar September 21, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LINDSEY EWING,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-56-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Lindsey Ewing 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, 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 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-10099 Document: 00514165671 Page: 2 Date Filed: 09/21/2017
No. 17-10099
at 146. In Trejo, we applied the plain error standard 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 is
AFFIRMED.
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