March 16, 2026·25-10990·Per Curiam·By James Taylor
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of Desmonte Dwayne Leonard for possession of a firearm after a felony conviction. The court granted the government's motion for summary affirmance, ruling that Leonard's Second Amendment challenge is foreclosed by existing precedent.
Desmonte Dwayne Leonard appealed his conviction for possession of a firearm after a felony conviction, arguing that the federal statute prohibiting such possession violates the Second Amendment on its face. Leonard conceded that his argument was foreclosed but sought to preserve it for further review. The government filed an unopposed motion for summary affirmance.
The court’s reasoning
The court held that Leonard’s facial constitutional challenge to 18 U.S.C. Section 922(g)(1) is foreclosed by the decision in United States v. Diaz. Because the argument is foreclosed, the court determined that summary affirmance is appropriate under Fifth Circuit rules.
What it means going forward
The affirmation reinforces the binding nature of existing Fifth Circuit precedent regarding Second Amendment challenges to federal felon-in-possession statutes, effectively closing the door on facial challenges of this specific type in the circuit.
