United States v. Morales

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 20-10029
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DALLAS RAY MORALES,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-167-1

Before DAVIS, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:
*

Dallas Ray Morales appeals his guilty plea conviction for being a felon in
possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). Relying on
National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012),
Morales argues that § 922(g)(1) is unconstitutional because it exceeds
Congress’s authority under the Commerce Clause to regulate economic
activities. He concedes that this argument is foreclosed by our decision in

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
August 25, 2020

Lyle W. Cayce
Clerk
Case: 20-10029 Document: 00515539287 Page: 1 Date Filed: 08/25/2020

No. 20-10029
2
United States v. Alcantar, 733 F.3d 143 (5th Cir. 2013). Citing Alcantar, the
Government moves for summary affirmance or, in the alternative, for an
extension of time in which to file a merits brief.
The Government’s position is “clearly right as a matter of law so that
there can be no substantial question as to the outcome of the case.” Groendyke
Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969); see Alcantar, 733
F.3d at 145-46. Accordingly, the motion for summary affirmance is
GRANTED. The Government’s alternate motion for an extension of time is
DENIED. The judgment is AFFIRMED.

Case: 20-10029 Document: 00515539287 Page: 2 Date Filed: 08/25/2020