# United States v. Brown

> Court of Appeals for the Fifth Circuit · December 17, 2025

URL: https://www.frixlaw.com/law-library/cases/11226717

## Case

- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 17, 2025
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Nature of suit:** Direct Criminal
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11226717. Public record. Not legal advice.