United States v. Lewis , 85 F. App'x 980 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS January 19, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-20412
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EVERETT LEWIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-336-ALL
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Everett Lewis appeals from his guilty-plea conviction for
possession of ammunition by a convicted felon in violation of 18
U.S.C. §§ 922(g)(1), 924(a)(2). Lewis argues that the district
court erred in treating his prior state jail felony conviction
for possession of less than one gram of cocaine as a “crime
punishable by imprisonment for a term exceeding one year” within
the meaning of 18 U.S.C. § 922(g)(1). Lewis’ prior conviction
*
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that this opinion should not be published and is not precedent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. 03-20412
-2-
qualified as a predicate offense for his felon-in-possession
conviction. See United States v. Caicedo-Cuero, 312 F.3d 697,
705-06 (5th Cir. 2002), cert. denied, 123 S. Ct. 1948 (2003).
Lewis further argues that 18 U.S.C. § 922(g)(1) violates the
Second Amendment, the Commerce Clause, and the Equal Protection
Clause. Lewis’ challenges to the constitutionality of the
statute are foreclosed by circuit precedent. United States v.
Darrington, ___F.3d___, No. 03-20052, 2003 WL 22706079, at **1-4
(5th Cir. Nov. 18, 2003).
AFFIRMED.