United States v. Dunkins

* 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that this opinion should not be published and is not precedent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. 00-10339
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY VERDELLO DUNKINS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:99-CR-341-ALL-G
--------------------
December 14, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Anthony Verdello Dunkins appeals his conviction for being a
felon in possession of a firearm. Dunkins argues that the
evidence presented at his trial was insufficient to support his
conviction. In particular, he contends that there was
insufficient proof that the charged firearm possession had a
substantial effect on interstate commerce or that, at the time
Dunkins possessed the firearm, there was a contemporaneous
movement of the weapon in interstate commerce. Id. Dunkins

-- 1 of 2 --

No. 00-10339
-2-
concedes that his arguments are foreclosed by this court’s
precedent and indicates they are presented here solely for issue
preservation purposes.
The “in or affecting commerce” element of § 922(g)(1)
requires only a minimal nexus between the firearm and interstate
commerce. United States v. Gresham, 118 F.3d 258, 265 (5th Cir.
1997). This element is satisfied because the firearm possessed
by Dunkins previously traveled in interstate commerce. United
States v. Rawls, 85 F.3d 240, 242 (5th Cir. 1996). The evidence
presented at Dunkins’ trial amply supports the jury’s guilty
verdict. Accordingly, Dunkins’ conviction is AFFIRMED.

-- 2 of 2 --