United States v. Legard

* 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that this opinion should not be published and is not precedent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. 01-40095
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STANLY ADAM LEGARD,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CR-317-1
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August 8, 2001
Before REAVLEY, HIGGINBOTHAM and WIENER, Circuit Judges.
PER CURIAM:*
Stanly Adam Legard appeals his guilty-plea conviction for
being a felon in possession of a firearm in violation of 18
U.S.C. § 922(g). Legard contends that § 922(g) is
unconstitutional as applied in his case because it lacks a
sufficient nexus to interstate commerce; therefore, the factual
basis supporting his guilty plea was inadequate. Legard concedes
that this circuit has held 18 U.S.C. § 922(g) constitutional, but
argues that we should reconsider our jurisprudence regarding the
constitutionality of the statute in light of Jones v. United

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No. 01-40095
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States, 529 U.S. 848 (2000) and United States v. Morrison, 529
U.S. 598 (2000).
“This court has repeatedly emphasized that the
constitutionality of § 922(g)(1) is not open to question.” See
United States v. De Leon, 170 F.3d 494, 499 (5th Cir.) (citation
omitted), cert. denied, 528 U.S. 863 (1999). The cases cited by
Legard do not affect this determination and, therefore, cannot
serve to support a challenge to a conviction under § 922(g).
AFFIRMED.

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