United States v. Bonner ( 2002 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 02-20293
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    RODERICK EARL BONNER,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. H-01-CR-424-1
    --------------------
    December 12, 2002
    Before JOLLY, JONES, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Roderick Earl Bonner appeals his conviction of being a felon
    in possession of a firearm.   He argues, relying on United States
    v. Lopez, 
    514 U.S. 549
     (1995), that 
    18 U.S.C. § 922
    (g)(1) is
    unconstitutional on its face because it does not require that
    there be a “substantial” effect on interstate commerce.   He also
    contends that, if a substantial effect on interstate commerce is
    *
    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    that this opinion should not be published and is not precedent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. 02-20293
    -2-
    required for a 
    18 U.S.C. § 922
    (g)(1) conviction, his indictment
    and the evidence supporting his conviction were insufficient.
    He acknowledges that his arguments are foreclosed by this
    court’s decisions in United States v. Rawls, 
    85 F.3d 240
     (5th
    Cir. 1996); United States v. Daugherty, 
    264 F.3d 513
     (5th Cir.
    2001), cert. denied, 
    534 U.S. 1150
     (2002); see also United States
    v. Cavazos, 
    288 F.3d 706
    , 712 (5th Cir.), cert. denied, 
    123 S. Ct. 253
     (2002), but seeks to preserve the argument for further
    review.
    As noted by Bonner, his arguments are foreclosed by the
    cases cited above.   His conviction is AFFIRMED.
    

Document Info

Docket Number: 02-20293

Filed Date: 12/13/2002

Precedential Status: Non-Precedential

Modified Date: 4/17/2021