Case Explained: Summary Calendar United States of America Plaintiff— v. Kelsey Dwayne Hunter Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-23 The Fifth Circuit affirmed the defendant’s conviction and sentence for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). The court addressed Hunter’s argument that the district court plainly erred by applying a base offense level of 20 under U.S.S.G. § 2K2.1(a)(4)(B) without proof of compatibility between the semiautomatic firearm and the large capacity magazine found in his possession. While acknowledging that this assessment constituted clear or obvious error, the court held that Hunter failed to meet his burden of establishing that the error affected his substantial rights. This conclusion was based on the district court’s statements indicating it believed the sentence imposed was appropriate regardless of the Sentencing Guidelines calculation and its explanation for the sentence under 18 U.S.C. § 3553(a). Additionally, the court rejected Hunter’s claims regarding misadvice on the interstate commerce element and challenges to the statute under the Commerce Clause and Second Amendment, noting these arguments are foreclosed by binding Fifth Circuit precedent. The judgment of the district court is affirmed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.