The Fifth Circuit affirmed the conviction and sentence of T.J. Aguilar for receiving a firearm while under felony indictment. The court rejected constitutional and sentencing guideline challenges as foreclosed by prior precedent.
T.J. Aguilar appealed his conviction and sentence for receipt of a firearm by a person under felony indictment in violation of 18 United States Code Section 922(n). The Government moved for summary affirmance.
The court’s reasoning
The court held that Aguilar’s Second Amendment argument was foreclosed by United States versus Quiroz. The court found the Commerce Clause argument unavailing under plain error review citing United States versus Jones and United States versus Alcantar. The court also found the sentencing guideline argument regarding large capacity magazines foreclosed by United States versus Martin.
What it means going forward
The judgment of the district court is affirmed, upholding the conviction and sentence.
