United States v. Smith

Opinion

United States Court of Appeals Fifth Circuit F I L E D April 24, 2003 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk

No. 02-21030 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CURTIS LEE SMITH,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-131-1 - - - - - - - - - -

Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Curtis Lee Smith appeals his guilty-plea conviction of

possession of a firearm by a convicted felon, a violation of 18

U.S.C. § 922(g).

Smith argues that the factual basis offered in support of

his guilty plea was insufficient to support the interstate-

commerce element of his offense, because it showed nothing more

than that his gun traveled across state lines at some point in

the past. He concedes that this argument is foreclosed by

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-21030 -2-

circuit precedent. See United States v. Daugherty, 264 F.3d 513,

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

He raises the issue to preserve it for Supreme Court review.

AFFIRMED.