United States v. Witherspoon

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 17, 2001
• Docket: 99-51110
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-51110 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GARY MICHAEL WITHERSPOON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-99-CR-24-1-ALL-JN -------------------- December 14, 2001 Before DAVIS, BENAVIDES and STEWART, Circuit Judges.

PER CURIAM:*

Gary Michael Witherspoon appeals from his conviction of

possession of a firearm by an individual subject to a court order

regarding domestic violence. He argues that 18 U.S.C.

§ 922(g)(8) violates the Commerce Clause, the Fifth Amendment’s

due process component, and the Second Amendment. Witherspoon’s

contentions are unavailing –- 18 U.S.C. § 922(g)(8) does not

violate the Commerce Clause, United States v. Pierson, 139 F.3d

501, 503-04 (5th Cir. 1998); does not violate the Fifth

Amendment, United States v. Emerson, ___ F.3d ___ (5th Cir. Oct.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-51110 -2-

16, 2001), 2001 U.S. App. LEXIS 22386, **16-20; and does not

violate the Second Amendment. Id. at *146.

AFFIRMED.