United States v. Velasquez ( 2003 )

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. 02-21042
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE LOUIS VELASQUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-271-1
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Jose Louis Velasquez entered a guilty plea to a charge of
possession of a firearm by a felon and was sentenced to fifty-six
months’ imprisonment and three years’ supervised release.
Velasquez argues that 18 U.S.C. § 922(g)(1) is an
unconstitutional exercise of Congress’s power under the Commerce
Clause because the regulated activity does not substantially
*
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that this opinion should not be published and is not precedent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. 02-21042
-2-
affect interstate commerce. Alternatively, he argues that the
indictment and the factual basis for his plea were defective.
Velasquez raises his arguments solely to preserve them for
possible Supreme Court review. As he acknowledges, his arguments
are foreclosed by existing Fifth Circuit precedent. United
States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), cert.
denied, 534 U.S. 1150 (2002); United States v. Gresham, 118 F.3d
258, 264-65 (5th Cir. 1997); United States v. Fitzhugh, 984 F.2d
143, 145-46 (5th Cir. 1993). Accordingly, the judgment of the
district court is AFFIRMED.
AFFIRMED.