United States v. Rivera

* 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that this opinion should not be published and is not precedent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. 02-20069
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE GUADALUPE RIVERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-423-1
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jose Guadalupe Rivera appeals his conviction of being a
felon in possession of a firearm. He argues that 18 U.S.C.
§ 922(g)(1) is facially unconstitutional because it does not
require a “substantial” effect on interstate commerce. He also
contends that, if a substantial effect on interstate commerce is
required for a 18 U.S.C. § 922(g)(1) conviction, his indictment
and the evidence supporting his conviction were insufficient.

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No. 02-20069
-2-
Rivera correctly acknowledges that his arguments are
foreclosed by this court’s precedent. See United States v.
Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), cert. denied,
534 U.S. 1150 (2002). His conviction is AFFIRMED.

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