United States v. Hampton ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20803
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
QUENTIN DEMOND HAMPTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-217-1
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May 7, 2001
Before REAVLEY, JOLLY and JONES, Circuit Judges.
PER CURIAM:*
Quintin Demond Hampton appeals his conviction for being a
felon in possession of a firearm. He argues that 18 U.S.C.
§ 922(g)(1) “operates unconstitutionally” in a case where the
only interstate commerce nexus is the mere fact that the firearm
at some point in the past traveled interstate. Hampton also
argues that the evidence adduced at trial gives nearly equal
circumstantial support for a theory of guilt as a theory of
innocence on the “knowing possession” element; therefore,
reversal is required.
*
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that this opinion should not be published and is not precedent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. 00-20803
-2-
Hampton’s timely motion for a judgment of acquittal preserves
his right to appellate review of his insufficient-evidence claim.
See United States v. Allison, 616 F.2d 779, 783-84 (5th Cir.
1980). We review the district court’s denial of the motion de
novo. United States v. Ferguson, 211 F.3d 878, 882 (5th Cir.
2000).
“This court has repeatedly emphasized that the
constitutionality of § 922(g)(1) is not open to question.” See
United States v. De Leon, 170 F.3d 494, 499 (5th Cir.), cert.
denied, 120 S. Ct. 156 (1999). Recent decisions by the Supreme
Court do not alter this ruling. Moreover, the jury could
reasonably find, based upon credibility evaluations of the
testifying witnesses, that Hampton knowingly possessed the
handgun which was visibly protruding from under the driver’s seat
of the car he was driving. The judgment of the district court is
AFFIRMED.