Case Explained: Summary Calendar United States of America Plaintiff— v. Jose Alvaro Cervantes, Jr Defendant—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-06-02

The Fifth Circuit granted the Government’s motion for summary affirmance and affirmed the judgment of the district court upholding Jose Alvaro Cervantes, Jr.’s conviction for possessing a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1). The court held that Cervantes’s facial Second Amendment challenge is foreclosed by *United States v. Diaz*, 116 F.4th 458 (5th Cir. 2024), and his as-applied challenge fails because his prior convictions for evading arrest in a vehicle and burglary of a vehicle constitute valid predicates under the statute, consistent with *United States v. Simpson* and *United States v. Alaniz*. Additionally, the court found that Cervantes’s Commerce Clause challenges are foreclosed by *United States v. Alcantar*, 733 F.3d 143 (5th Cir. 2013). Consequently, the Government’s alternative motion for an extension of time to file an appellate brief was denied.

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