United States Court of Appeal for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED September 18, 2024 No. 23-50452 Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee,

versus Ronnie Diaz, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:21-CR-2-1 ______________________________ Before Smith, Wiener, and Douglas, Circuit Judges. Jacques L. Wiener, Jr., Circuit Judge: Defendant-Appellant Ronnie Diaz, Jr. was charged with, inter alia, possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g)(1). He moved to dismiss that charge, contending that the statute violates the Second Amendment, both facially and as applied to him. The district court denied that motion, and Diaz was convicted and sentenced. He appeals, again raising his Second Amendment argument and adding a Commerce Clause challenge, which he acknowledges is foreclosed by this court’s precedent. For the rea- sons that follow, we AFFIRM. Case: 23-50452 Document: 110-1 Page: 2 Date Filed: 09/18/2024

No. 23-50452

I. On November 4, 2020, officers from the San Antonio Police Depart- ment conducted a traffic stop of a car driven by Diaz. The officers noted a “strong odor of marijuana coming from the vehicle and empty baggies com- monly known to contain narcotics.” Diaz was asked to exit the vehicle and was placed in handcuffs. While his person was searched, he admitted that there was ammunition in his pocket and that he was a convicted felon. A search of the vehicle revealed a .45 caliber pistol, three baggies of metham- phetamine, three baggies of counterfeit Xanax, and one small baggie of her- oin. This was not Diaz’s first run-in with the law. After various misde- meanors, he was convicted in 2014 in Texas state court of theft of a vehicle and evading arrest or detention with a vehicle, and he was sentenced to three years’ imprisonment. Then, in 2018, he was apprehended attempting to break into a car and found to be in possession of a handgun and a baggie con- taining methamphetamine. Diaz was convicted of possessing a firearm as a felon, again in state court, and was sentenced to two years’ imprisonment. After the November 2020 traffic stop, Diaz was charged in the West- ern District of Texas with the following: (1) count one, possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1); (2) count two, possessing firearms during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c); and (3) count three, being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Diaz moved to dismiss count three of the indictment, arguing that 18 U.S.C. § 922(g)(1) is unconstitutional under New York Rifle and Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). The district court denied that motion, and, after a bench trial, found Diaz guilty on all three counts. Diaz was sentenced to 120 months’

2 Case: 23-50452 Document: 110-1 Page: 3 Date Filed: 09/18/2024

No. 23-50452

imprisonment on counts one and three, to run concurrent