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UNITED STATES v. PEREZ-GALLAN

No. 22-51019.

125 F.4th 204 (2024)

UNITED STATES of America, Plaintiff-Appellant, v. Litsson Antonio PEREZ-GALLAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED December 31, 2024.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, Stephanie Frederique Cagniart (argued), U.S. Attorney's Office, Austin, TX, Charles E. Fowler, Jr., McKool Smith, P.C., Austin, TX, Ashley Chapman Hoff, McDermott Will & Emery, L.L.P., Austin, TX, for Plaintiff-Appellant.

Shane O'Neal (argued), O'Neal Law, Alpine, TX, for Defendant-Appellee.

Before Smith, Stewart, and Duncan, Circuit Judges.

This is Litsson Perez-Gallan's facial challenge to 18 U.S.C. § 922(g)-(8)(C)(ii),1 which prohibits gun possession by persons subject to domestic-violence restraining orders. The district court granted Perez-Gallan's motion to dismiss the indictment, and a panel summarily affirmed....

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