United States v. Bonner

* 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that this opinion should not be published and is not precedent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. 02-20293
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODERICK EARL BONNER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-424-1
--------------------
December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Roderick Earl Bonner appeals his conviction of being a felon
in possession of a firearm. He argues, relying on United States
v. Lopez, 514 U.S. 549 (1995), that 18 U.S.C. § 922(g)(1) is
unconstitutional on its face because it does not require that
there be a “substantial” effect on interstate commerce. He also
contends that, if a substantial effect on interstate commerce is

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No. 02-20293
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required for a 18 U.S.C. § 922(g)(1) conviction, his indictment
and the evidence supporting his conviction were insufficient.
He acknowledges that his arguments are foreclosed by this
court’s decisions in United States v. Rawls, 85 F.3d 240 (5th
Cir. 1996); United States v. Daugherty, 264 F.3d 513 (5th Cir.
2001), cert. denied, 534 U.S. 1150 (2002); see also United States
v. Cavazos, 288 F.3d 706, 712 (5th Cir.), cert. denied, 123
S. Ct. 253 (2002), but seeks to preserve the argument for further
review.
As noted by Bonner, his arguments are foreclosed by the
cases cited above. His conviction is AFFIRMED.

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