United States v. Green

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 25, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-21218
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDDIE GREEN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-73-1
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Eddie Green (“Green”) appeals his conviction for being a
felon in possession of a firearm in violation of 18 U.S.C.
§ 922(g)(1) and § 924(a)(2). Green contends that 18 U.S.C.
§ 922(g)(1) is unconstitutional. Green acknowledges that his
appellate arguments are foreclosed by circuit precedent.
Nevertheless, Green seeks to preserve the issues for Supreme
Court review.

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No. 02-21218
-2-
This court has repeatedly emphasized that the
constitutionality of 18 U.S.C. 922(g) is not open to question.
See United States v. Daugherty, 264 F.3d 513, 518 (5th Cir.
2001), cert. denied, 534 U.S. 1150 (2002). Because the factual
basis indicated that the firearm Green possessed was not
manufactured in Texas, Green’s conviction was supported by the
evidence. See United States v. Rawls, 85 F.3d 240, 242 (5th Cir.
1996).
AFFIRMED.

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