United States v. Graves ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20161
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONNELL LEE GRAVES,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-152-1
- - - - - - - - - -
November 22, 1999
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Donnell Lee Graves appeals his convictions following a jury
trial for being a felon in possession of a firearm and for using
and carrying a firearm during and in relation to a drug-
trafficking crime. Graves argues that 1) the evidence was
insufficient to prove that the firearm he possessed had traveled
in interstate commerce; 2) the trial court abused its discretion
in admitting the firearm into evidence over his hearsay
objection; and 3) plain error resulted from the prosecutor’s
*
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that this opinion should not be published and is not precedent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. 99-20161
- 2 -
comments on his prior felony conviction during closing argument.
Our review of the record and the arguments and authorities
convinces us that no reversible error was committed. The
evidence offered by the Government at trial was sufficient to
prove that a firearm was “in or affected interstate commerce” for
purposes of 18 U.S.C. § 922(g)(1). See United States v. Gresham,
118 F.3d 258, 265 (5th Cir. 1997). The admission of the revolver
was harmless error, if it was error at all. See United States v.
Dickey, 102 F.3d 157, 163 (1996). Finally, assuming that the
prosecutor’s remarks impliedly referred to Graves’s earlier
conviction, they did not do so with sufficient force or clarity
to affect his substantial rights. See United States v. Gallardo-
Trapero, 185 F.3d 307, 323 (5th Cir. 1999).
AFFIRMED.