United States v. Bailey

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20130
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AUBREY LEON BAILEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-556-ALL
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October 25, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Aubrey Leon Bailey appeals from his conviction of one count
of being a felon in possession of a firearm. He argues that the
factual basis tendered was insufficient to support his conviction
on the federal firearms charge because the interstate commerce
nexus required by 18 U.S.C. § 922(g)(1) was not established.
“This court has repeatedly emphasized that the constitutionality
of § 922(g)(1) is not open to question.” United States v. De
Leon, 170 F.3d 494, 499 (5th Cir. 1999), cert. denied, 528 U.S.
863 (1999). The judgment of the district court is AFFIRMED.
*
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that this opinion should not be published and is not precedent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.