United States v. Castillo

* 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that this opinion should not be published and is not precedent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. 02-20410
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FERNANDO CASTILLO, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-808-ALL
--------------------
February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Fernando Castillo, Jr., pleaded guilty to being a felon in
possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1)
and 924(a)(2). He argues that his conviction should be reversed
because 18 U.S.C. § 922(g)(1) is unconstitutional on its face and
as applied. He concedes, however, that this argument is
foreclosed and raises the issue to preserve it for possible
Supreme Court review.

-- 1 of 2 --

No. 02-20410
-2-
Castillo’s argument is indeed foreclosed by this court’s
decisions in United States v. Cavazos, 288 F.3d 706, 712
(5th Cir.), cert. denied, 123 S. Ct. 253 (2002) and United States
v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), cert. denied,
534 U.S. 1150 (2002). Accordingly, his conviction is AFFIRMED.

-- 2 of 2 --