Case Explained: Summary Calendar United States of America Plaintiff— v. Nestor Jose Mendoza-Garcia Defendant—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-14

The Fifth Circuit granted the Government’s motion for summary affirmance and affirmed the district court’s judgment upholding Nestor Jose Mendoza-Garcia’s conviction under 18 U.S.C. § 922(g)(5) for possession of a firearm by an illegal alien. The court relied on its prior decision in *United States v. Medina-Cantu*, 113 F.4th 537 (5th Cir. 2024), which established that there is no substantial question regarding the constitutionality of § 922(g)(5) under the Second Amendment or the Commerce Clause, thereby foreclosing Mendoza-Garcia’s challenges to the statute despite his attempt to preserve them for further review. As a result of this ruling, the conviction remains in effect and the defendant’s sentence stands.

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