United States v. Alfredo Gasca-Chavez

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 11-1952
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UNITED STATES OF AMERICA
v.
ALFREDO GASCA-CHAVEZ,
also known as
ALFREDO NAVARRO
Alfredo Gasca-Chavez,
Appellant
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On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 2-10-cr-00394-001)
District Judge: Honorable Lawrence F. Stengel
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Submitted Pursuant to Third Circuit LAR 34.1(a)
May 15, 2012
Before: SMITH, FISHER and GARTH, Circuit Judges.
(Filed: May 17, 2012)
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JUDGMENT ORDER
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Alfredo Gasca-Chavez appeals his judgment of conviction and sentence on the
basis that 18 U.S.C. § 922(g)(5) is unconstitutional on its face and/or as applied to the
facts of this case. Gasca-Chavez concedes that his argument is foreclosed by binding
Third Circuit precedent, and he raises the issue on appeal solely to preserve it for
Supreme Court review.
The judgment of the U.S. District Court for the Eastern District of Pennsylvania
entered April 1, 2011, is hereby affirmed.
By the Court,
/s/ D. Michael Fisher
Circuit Judge
Dated: May 17, 2012
ATTEST:
/s/Marcia M. Waldron,
Clerk
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