George Dennis Moore, III, appealed his conviction for violating 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. Moore challenged the statute on multiple constitutional grounds, arguing it violated the Second Amendment both on its face and as applied to him, violated the equal protection guarantees of the Fifth Amendment, and exceeded Congress's authority under the Commerce Clause. He acknowledged that some of these arguments were foreclosed by existing case law but sought to preserve them for future review. The government filed an unopposed motion for summary affirmance, arguing that controlling precedent resolved all of Moore's claims.
The Fifth Circuit addressed Moore's constitutional challenges by relying on established precedent. First, regarding the Second Amendment, the court reaffirmed that § 922(g)(1) does not violate the Second Amendment on its face, citing United States v. Diaz. However, the court specifically addressed Moore's as-applied challenge, noting that his status as a probationer at the time he committed the offense precluded such a claim under United States v. Clark and United States v. Giglio. The court also rejected his equal protection and Commerce Clause challenges, citing United States v. Goody and United States v. Alcantar as controlling authority that forecloses these arguments. Because the parties correctly concluded that these issues were foreclosed, the court granted the government's motion for summary affirmance.
The judgment of the district court is affirmed, meaning Moore's conviction stands. The decision reinforces the Fifth Circuit's position that § 922(g)(1) is constitutional on its face and that individuals on probation cannot mount successful as-applied Second Amendment challenges. No remand instructions were issued, and the case is closed.
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