UNITED STATES v. JONES

No. 23-10198 Summary Calendar.

88 F.4th 571 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick Durrell JONES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 21, 2023.


Attorney(s) appearing for the Case

Stephen S. Gilstrap , Brian W. McKay, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Loui Itoh , Federal Public Defender's Office, Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.

Before Smith, Higginson, and Engelhardt, Circuit Judges.


Derrick Durrell Jones pleaded guilty, without a written plea agreement, to possession of a firearm as a convicted felon. See 18 U.S.C. § 922(g)(1). On appeal, Jones argues that § 922(g)(1) is unconstitutional because it (1) violates the Commerce Clause and (2) violates the Second Amendment. As he concedes, he did not preserve...

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