United States v. Toman

* 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that this opinion should not be published and is not precedent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. 01-20496
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIROSLAV TOMAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-713-1
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February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Miroslav Toman appeals his conviction for possession of a
firearm by a convicted felon, challenging the constitutionality
of 18 U.S.C. § 922(g)(1) both on its face and as applied to him.
He maintains that evidence of intrastate possession of firearms
manufactured outside the state is insufficient to establish the
nexus with interstate commerce needed to sustain his conviction.
He contends that three Supreme Court decisions--Jones v. United
States, 529 U.S. 848 (2000), United States v. Morrison, 529 U.S.

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No. 01-20496
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598 (2000), and United States v. Lopez, 514 U.S. 549 (1995)–-have
cast doubt on § 922(g)(1)’s constitutionality. He further
contends that § 922(g)(1) impermissibly “reaches beyond a
discrete set of firearm possessions to include virtually all
firearms possessed by felons.” Toman acknowledges that his
argument may be foreclosed by circuit precedent and, if so,
states that he raises the issue to preserve it for possible
Supreme Court review.
As Toman suspects, circuit precedent forecloses the issue.
See United States v. Daugherty, 264 F.3d 513, 518 & n.12 (5th
Cir. 2001). Accordingly, the district court’s judgment is
AFFIRMED.

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