Case: 20-50476 Document: 00515695557 Page: 1 Date Filed: 01/06/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 6, 2021 No. 20-50476 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Dario Reyes-Torres, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 7:19-CR-270-1 Before Higginbotham, Jones, and Costa, Circuit Judges. Per Curiam:* Dario Reyes-Torres challenges the constitutionality of his bench trial conviction and the resulting 15-month sentence imposed for possession of a firearm by an alien illegally and unlawfully in the United States, in violation of 18 U.S.C. §§ 922(g)(5) & 924(a)(2). He contends that the Second * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-50476 Document: 00515695557 Page: 2 Date Filed: 01/06/2021 No. 20-50476 Amendment’s right to keep and bear arms should extend to him, despite his immigration status, and that, therefore, § 922(g)(5) is unconstitutional. The Government moves for summary affirmance or, in the alternative, an extension of time to file a brief. Reyes-Torres raises an argument that is foreclosed by United States v. Portillo-Munoz, 643 F.3d 437, 439-42 (5th Cir. 2011), in which we held that the Second Amendment’s protections regarding the right to carry and possess firearms did not extend to aliens illegally or unlawfully present in the United States and, therefore, § 922(g)(5) was constitutional under the Second Amendment. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED as unnecessary, and the judgment of the district court is AFFIRMED. 2 20-50476 Court of Appeals for the Fifth Circuit ca5 5th Cir. United States v. Reyes-Torres 6 January 2021 Direct Criminal Unpublished b778231cc3f7ddf08be281a361a2205083990a6e
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