Opinion

United States v. Brown

Court
Court of Appeals for the Fifth Circuit
Filed
Dec 17, 2025
Status
Unpublished
Nature of suit
Direct Criminal
Cited by
0 cases
Authority
More cited than 37.7%

The opinion

Case: 24-50944 Document: 59-1 Page: 1 Date Filed: 12/17/2025

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

____________

FILED

December 17, 2025

No. 24-50944

Summary Calendar Lyle W. Cayce

____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Gamarian Donald Brown,

Defendant—Appellant.

______________________________

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:24-CR-82-2

______________________________

Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam:*

Gamarian Donald Brown pleaded guilty to one count of possessing a

firearm as a felon. See 18 U.S.C. § 922(g)(1). Brown appeals the conclusion

that his prior robbery offense under Texas law qualifies as a crime of violence

for purposes of assessing his offense level under the Sentencing Guidelines.

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50944 Document: 59-1 Page: 2 Date Filed: 12/17/2025

No. 24-50944

His argument is foreclosed by our recent decision in United States v.

Wickware, 143 F.4th 670-674 (5th Cir. 2025).

Brown also argues that 18 U.S.C. § 922(g)(1) is unconstitutional as

applied to him. He correctly concedes that this argument is foreclosed to him

by our holdings in United States v. Diaz, 116 F.4th 458, 468-70 (5th Cir.

2024), cert. denied, 155 S. Ct. 2822 (2025), and United States v. Schnur, 132

F.4th 863, 866-67 (5th Cir. 2025).

The judgment is therefore AFFIRMED.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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