# United States Court of Appeals **for the Fifth Circuit**

____________ No. 23-10501 Summary Calendar

____________ United States of America, Plaintiff—Appellee ,

versus George Henry Purdy, III, Defendant—Appellant ,

consolidated with

_____________ No. 23-10502 Summary Calendar

_____________ United States of America, Plaintiff—Appellee ,

versus George Henry Purdy, Defendant—Appellant

. United States Court of Appeals Fifth Circuit 

### FILED May 1, 2024 Lyle W. Cayce Clerk Case: 23-10501 Document: 83-1 Page: 1 Date Filed: 05/01/2024No. 23-10501 c/w No. 23-10502

2 ______________________________ Appeals from the United States District Court for the Northern District of Texas USDC Nos. 4:22-CR-302-1, 4:16-CR-196-1

______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges

. Per Curiam: * George Purdy, III, pleaded guilty of possessing a firearm after a felony conviction in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He appeals, raising a claim of sentencing error and urging that § 922(g)(1) is unconstitutional. Purdy also appeals the judgmen t revoking his supervised release in a separate matter, but, because he does not brief any challenge to the revocation or the revocation sentence, he has abandoned those issues. See Yohey v. Collins , 985 F.2d 222, 224–25 (5th Cir. 1993). For the first time on appeal, Purdy co ntends that § 922(g)(1) violates the Second Amendment in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen , 597 U.S. 1 (2022). Our re view is for plain error. See United States v. Snarr , 704 F.3d 368, 382 (5th Cir. 2013 ). Because it is not clear that Bruen or other existing precedent dictates that § 922(g)(1) is unconstitutional, Purdy cannot show plain error. See United States v. Jones , 88 F.4th 571, 573–74 (5th Cir. 2023), cert. denied , 2024 WL 1143799 (U.S. Mar. 18, 2024) (No. 23-6769). Purdy also contends that, as interpre ted by this court, § 922(g)(1) is unconstitutional because it exceeds Co ngress’s authority to regulate commerce. As he concedes, that argument is foreclosed. See United States v. Perryman , 965 F.3d 424, 426 (5th Cir. 2020).

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* This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10501 Document: 83-1 Page: 2 Date Filed: 05/01/2024No. 23-10501 c/w No. 23-10502

3 Finally, Purdy maintains that the district court erred in relying on statements in the presentence report (“PSR”) that a domestic partner told police he threatened her wi th a pistol. A sentencing court “may consider any information which bears sufficient indicia of reliability to support its probable accuracy.” United States v. Harris , 702 F.3d 226, 230 (5th Cir. 2012) (internal quotation marks and citation omitted) . Whether this standard is met in a given instance is a factual find ing reviewed for clear error. United States v. Ortega-Calderon , 814 F.3d 757, 760 (5th Cir. 2016). “Bald, conclusionary statements do not acquire the patina of reliability by mere inclusion in the PSR.” United States v. Elwood , 999 F.2d 814, 817- 18 (5th Cir. 1993). Here, however, the statements are part of a “detailed and specific” account. United States v. Parkerson , 984 F.3d 1124, 1129 (5th Cir.2021). The PSR indicates this account was corroborated in part by the presence of marks on the victim’s body, Purdy’s admission that a dispute occurred, and the discovery of a pistol an d ammunition in his apartment. Purdy fails to show that consider ation of the victim’s allega tions, as summarized in the PSR, was clearly erroneous. In tu rn, because he did not present rebuttal evidence or otherwise demonstrate that the allegations were unreliable, the district court was entitl ed to accept them. See Harris , 702 F.3d at 230. Purdy criticizes the reasoning employed in Harris and Parkerson with respect to burden-shifting and informati on based on police investigations. We reject his criticisms unde r the rule of orderliness. See United States v. Traxler , 764 F.3d 486, 489 (5th Cir. 2014). The judgments are AFFIRMED

. Case: 23-10501 Document: 83-1 Page: 3 Date Filed: 05/01/2024