United States v. Sanchez

01-20321Court of Appeals for the Fifth CircuitFeb 25, 2002

Full text

* 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that this opinion should not be published and is not precedent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. 01-20321
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO SANCHEZ, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-697-ALL
--------------------
February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Francisco Sanchez, Jr., appeals his conviction of one count
of being a felon in possession of a firearm. He argues that 18
U.S.C. § 922(g)(1) is unconstitutional on its face because it
does not require a substantial effect on interstate commerce. As
this court recently held, “the constitutionality of § 922(g) is
not open to question.” See United States v. Daugherty, 264 F.3d
513, 518 (5th Cir. 2001) (internal quotation omitted), pet. for
cert. filed, No. 01-7524 (Dec. 20, 2001). The judgment of the
district court is AFFIRMED.

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