United States v. Carter

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS September 17, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 03-20177 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESSE JUDE CARTER,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-519-ALL --------------------

Before SMITH, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Jesse Jude Carter appeals his guilty-plea conviction under

18 U.S.C. § 922(g) for possession of a firearm by a convicted

felon. He argues that 18 U.S.C. § 922(g)(1) is unconstitutional on

its face and as applied because it does not require a showing of a

“substantial” effect on interstate commerce. He acknowledges that

his claim is foreclosed by Fifth Circuit precedent and states that

he raises the claim to preserve it for possible Supreme Court

review.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Carter’s claim is foreclosed by circuit precedent. See United

States v. Cavazos, 288 F.3d 706, 712-13 (5th Cir.), cert. denied,

537 U.S. 910 (2002); United States v. Daugherty, 264 F.3d 513, 518

& n.12 (5th Cir. 2001), cert. denied, 534 U.S. 1150 (2002).

Accordingly, the district court's judgment is AFFIRMED.