United States v. Cox

* 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that this opinion should not be published and is not precedent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. 01-20808
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DERVAN VALENTINE COX,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-92-1
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Dervan Valentine Cox appeals his conviction for being a
felon in possession of a firearm in and affecting interstate
commerce in violation of 28 U.S.C. § 922(g)(1). Cox stipulated
at the bench trial that the rifle found in his home had been
manufactured in Connecticut; however, he unsuccessfully moved for
a judgment of acquittal based on an insufficient nexus between
the firearm and interstate commerce.
On appeal, Cox argues that the evidence was insufficient to
prove the interstate-commerce element of the 28 U.S.C. § 922(g)

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No. 01-20808
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offense because the evidence proved only that the rifle traveled
across state lines at some point in the past. He acknowledges
that his argument is foreclosed by United States v. Daugherty,
264 F.3d 513, 518 (5th Cir. 2001), cert. denied, 122 S. Ct. 1113
(2002), but seeks to preserve the issue for Supreme Court review.
This court has repeatedly rejected constitutional challenges
to § 922(g)(1) convictions, concluding that the interstate-
commerce element of the offense is satisfied by the possession of
a firearm that was manufactured in a different state or country.
See id. at 518 & n.12. As one panel of this court may not
overrule or ignore a prior panel decision, Cox’s conviction is
AFFIRMED. See United States v. Ruiz, 180 F.3d 675, 676 (5th Cir.
1999).
AFFIRMED.

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