Background
Nestor Jose Mendoza-Garcia appealed his conviction in the United States District Court for the Western District of Texas. He challenged the constitutionality of 18 U.S.C. Section 922(g)(5), arguing it violated the Second Amendment as applied to him and exceeded Congress’s power under the Commerce Clause.
The court’s reasoning
The Government moved for summary affirmance, citing United States v. Medina-Cantu, which upheld the constitutionality of Section 922(g)(5) under the Second Amendment and rejected similar Commerce Clause challenges. Although Mendoza-Garcia took no position on the motion, he conceded that his claims were foreclosed by existing law. The court found there could be no substantial question as to the outcome of the case.
What it means going forward
The decision reinforces the binding nature of the Fifth Circuit’s precedent in United States v. Medina-Cantu regarding the constitutionality of firearm possession restrictions for illegal aliens.