United States v. Guerrero

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 3, 2007
No. 07-10533
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
PASCUAL SAMUEL GUERRERO
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:06-CR-58-ALL
Before JOLLY, DAVIS, and WIENER, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Pascual Samuel Guerrero
presents arguments that are foreclosed by United States v. Daugherty, 264 F.3d
513, 518 (5th Cir. 2001), which rejected a Commerce Clause challenge to the
felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g), and by United States
v. Dancy, 861 F.2d 77, 81-82 (5th Cir. 1988), which held that a conviction under
§ 922(g) does not require proof that the defendant knew that the firearm had an
*
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should not be published and is not precedent except under the limited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. 07-10533
interstate nexus or that he was a felon. Guerrero also raises arguments that are
foreclosed by United States v. Schmidt, 487 F.3d 253, 254-55 (5th Cir. 2007),
which rejected challenges based on Staples v. United States, 511 U.S. 600 (1994),
and Bryan v. United States, 524 U.S. 184 (1998), to the validity of Dancy. The
Government’s motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.
2