United States v. Flores-Barrera , 72 F. App'x 965 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 20, 2003
Charles R. Fulbruge III
Clerk
No. 02-21302
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VIDAL FLORES-BARRERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-251-1
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Vidal Flores-Barrera (“Flores”) appeals his conviction of
being an illegal alien in possession of a firearm in violation of
18 U.S.C. § 922(g)(5)(A). Flores contends that 18 U.S.C.
§ 922(g) is unconstitutional. Flores acknowledges that his
appellate argument is foreclosed by circuit precedent.
Nevertheless, Flores seeks to preserve the issue for Supreme
Court review.
*
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that this opinion should not be published and is not precedent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. 02-21302
-2-
This court has repeatedly emphasized that the
constitutionality of 18 U.S.C. 922(g) is not open to question.
See United States v. Daugherty, 264 F.3d 513, 518 (5th Cir.
2001), cert. denied 534 U.S. 1150 (2002). Because the factual
basis indicated that the firearm Flores possessed was not
manufactured in Texas, Flores’ conviction was supported by the
evidence. See United States v. Rawls, 85 F.3d 240, 242 (5th Cir.
1996).
AFFIRMED.