Gesamter Gesetzestext
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-51248
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODOLFO V. ELORREAGA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-00-CR-143-1-EP
--------------------
October 29, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Rodolfo V. Elorreaga appeals his guilty-plea conviction for
being a felon in possession of a firearm. Elorreaga argues that
18 U.S.C. § 922(g)(1) is unconstitutional. Elorreaga concedes
that his arguments are foreclosed by this court’s precedent, but
he seeks to preserve the issue for Supreme Court review.
“This court has repeatedly emphasized that the
constitutionality of § 922(g)(1) is not open to question.” See
United States v. De Leon, 170 F.3d 494, 499 (5th Cir.), cert.
-- 1 of 2 --
No. 00-51248
-2-
denied, 528 U.S. 863 (1999). The judgment of the district court
is AFFIRMED.
-- 2 of 2 --
