USA v. Lindsey Ewing


UNPUBLISHED OPINION FILED. [17-10099 Affirmed] Judge: WED, Judge: EBC, Judge: GJC. Mandate pull date is 10/12/2017 for Appellant Lindsey Ewing; granting motion for summary affirmance filed by Appellee USA [8512721-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8512721-3] [17-10099]

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Case: 17-10099 Document: 00514165671 Page: 1 Date Filed: 09/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10099 Summary Calendar United States Court of Appeals Fifth Circuit FILED 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, 14546 (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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