Unreported / Non-Citable
Background
Latoya Calhoun was convicted of possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1).
On appeal, Calhoun argued for the first time that § 922(g)(1) violated the Second Amendment as applied to her. The government moved for summary affirmance or, alternatively, additional time to file a brief.
The Court’s Holding
The Fifth Circuit reviewed Calhoun’s unpreserved constitutional claim for plain error. It held that, at a minimum, she failed to demonstrate that any error was clear or obvious and therefore could not establish plain error.
The court affirmed the district court’s judgment. It declined to grant summary affirmance but concluded that further briefing was unnecessary, denying both the government’s summary-affirmance motion and its alternative extension request.
Key Takeaways
- An as-applied Second Amendment challenge raised for the first time on appeal is reviewed for plain error.
- Calhoun did not show that any error concerning the application of § 922(g)(1) was clear or obvious.
- The court affirmed without further briefing while denying the government’s procedural motions.
Why It Matters
The decision underscores the difficulty of prevailing on an unpreserved constitutional challenge to the federal felon-in-possession statute. Without a clear or obvious error, the Fifth Circuit will not grant relief under plain-error review.