United States v. Cornish

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20656
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRENCE CORNISH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-797-1
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April 10, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Terrence Cornish appeals from his conviction for possession
of a firearm subsequent to a felony conviction. Focusing on the
interstate commerce element of the offense, Cornish challenges
the constitutionality of 18 U.S.C. § 922(g). Cornish
acknowledges this court’s current interpretation of the statute,
which requires only a minimal nexus between the firearm and
interstate commerce. Nevertheless, Cornish invites us to
reconsider this statutory interpretation in light of the evidence
presented at his trial regarding the high percentage of firearms
*
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that this opinion should not be published and is not precedent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. 01-20656
-2-
manufactured outside of Texas. Citing Jones v. United States,
529 U.S. 848, 856-58 (2000), Cornish argues that this high
percentage demonstrates that the statute’s reach is overly broad,
since an “overwhelming majority” of weapons fall within the
statute’s purview.
The “in or affecting commerce” element of 18 U.S.C. § 922(g)
requires only a minimal nexus between the firearm and interstate
commerce. United States v. Gresham, 118 F.3d 258, 265 (5th Cir.
1997). This element is satisfied because the firearm possessed
by Cornish previously traveled in interstate commerce. United
States v. Rawls, 85 F.3d 240, 242-43 (5th Cir. 1996).
Cornish’s reliance on Jones is unavailing. We have recently
held that Jones neither affects nor undermines the
constitutionality of § 922(g). See United States v. Daugherty,
264 F.3d 513, 518 (5th Cir. 2001), cert. denied, 122 S. Ct. 1113(2002).
AFFIRMED.