Full Opinion

Case: 26-10168 Document: 55-1 Page: 1 Date Filed: 10/28/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 26-10168 October 28, 2026 Summary Calendar Thomas B. Plunkett, III ____________ Clerk United States of America, Plaintiff—Appellee, versus Gregory Scott Cook, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 7:25-CR-23-1 ______________________________ Before Willett, Duncan, and Engelhardt, Circuit Judges. Per Curiam: * Gregory Cook pleaded guilty 1 to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). For the first time on appeal, he argues that § 922(g)(1) facially violates the Second Amendment and exceeds * This opinion is not designated for publication. See 5th Cir. R. 47.5. 1 For purposes of this appeal, we “assum[e] without deciding” that the miscarriage-of-justice exception to appeal waivers fashioned in Hunter v. United States, 608 U.S. ----, 146 S. Ct. 1702 (2026) applies to Cook. United States v. Nyandoro, --- F.4th ----, 2026 WL 2619961, at *1 (5th Cir. Sept. 4, 2026). Case: 26-10168 Document: 55-1 Page: 2 Date Filed: 10/28/2026 No. 26-10168 Congress’s authority under the Commerce Clause. He concedes that both arguments are foreclosed by precedent. However, pointing to our recent decision to rehear United States v. Squire en banc, 182 F.4th 481 (5th Cir. 2026), Cook asks us to hold this appeal in abeyance pending the en banc court’s opinion in Squire. We decline to do so. We are bound by our precedent “absent an intervening Supreme Court decision or a subsequent en banc decision.” In re Brown, 457 F.3d 392, 395 n.1 (5th Cir. 2006) (citation omitted); see also Johnson v. El Paso Cnty. Sheriff’s Dep’t, 51 F.3d 1041, 1995 WL 152720, at *3 n.3 (5th Cir. 1995) (unpublished) (applying then-current precedent because it remained “the law of the circuit” despite grant of rehearing en banc). In the short time since the grant of rehearing in Squire, we are not the first panel to apply the law of today instead of hoping Squire might supply a different answer tomorrow. See, e.g., United States v. Mitchell, --- F.4th ----, 2026 WL 2507820, at *1 n.1 (5th Cir. Aug. 26, 2026); United States v. Williams, 184 F.4th 757, 759 (5th Cir. 2026); United States v. Greer, 2026 WL 2255863, at *1 (5th Cir. Aug. 5, 2026) (per curiam). Because Cook’s challenges to § 922(g)(1) are foreclosed by our precedent, his sentence is AFFIRMED. The Government’s alternative motion for an extension of time to file its brief is DENIED as moot. 2