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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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Precedential Status: Non-Precedential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