United States v. Cook
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 28, 2026
Docket26-10168
StatusUnpublished
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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n.3 (5th Cir. 1995) (unpublished) (applying then-current precedent because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