United States v. Beatty

* 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that this opinion should not be published and is not precedent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. 01-20119
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JEROME LaBOOKER BEATTY,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-268-ALL
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February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jerome LaBooker Beatty appeals his jury-trial conviction for
being a felon in possession of a firearm possessed in and
affecting interstate commerce, in violation of 18 U.S.C.
§§ 922(g)(1) and 924(a)(2). Beatty argues that this court should
reconsider its jurisprudence regarding the constitutionality of
18 U.S.C. § 922(g)(1) in light of Jones v. United States, 529
U.S. 848 (2000), and United States v. Morrison, 529 U.S. 598
(2000).

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No. 01-20119
-2-
“This court has repeatedly emphasized that the
constitutionality of § 922(g)(1) is not open to question.” See
United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001);
United States v. De Leon, 170 F.3d 494, 499 (5th Cir.); cert.
denied, 528 U.S. 863 (1999). Beatty concedes that his argument
is foreclosed by case law from this circuit. He raises his
argument solely to preserve it for Supreme Court review. The
judgment of the district court is AFFIRMED.

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