United States v. Sherfield

* 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that this opinion should not be published and is not precedent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. 01-20898
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DUCKIE RENNORD SHERFIELD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-889-ALL
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June 19, 2002
Before HIGGINBOTHAM, DAVIS, AND EMILIO M. GARZA, CIRCUIT JUDGES.
PER CURIAM:*
Duckie Rennord Sherfield appeals his guilty-plea conviction
and sentence for being a felon in possession of a firearm, in
violation of 18 U.S.C. § 922(g)(1). He challenges the
constitutionality of 18 U.S.C. § 922(g)(1) and contends that this
court should reconsider its jurisprudence regarding the
constitutionality of 18 U.S.C. § 922(g)(1) in light of Jones v.
United States, 529 U.S. 848 (2000), and United States v.

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No. 01-20898
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Morrison, 529 U.S. 598 (2000). Sherfield concedes that his
arguments are foreclosed by this court’s precedent but seeks to
preserve the issue for Supreme Court review.
Sherfield’s reliance on Morrison and Jones is misplaced. In
United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001),
cert. denied, 122 S. Ct. 1113 (2002), this court recently
determined that Morrison and Jones were distinguishable from an
18 U.S.C. § 922(g)(1) case like this one, emphasizing that “the
constitutionality of § 922(g) is not open to question.” Id.
(quotation and citation omitted). The judgment of the district
court is AFFIRMED.

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