United States v. Bailey

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 23, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-21031
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAMARCUS BAILEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-145-1
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Lamarcus Bailey appeals his guilty-plea conviction of
possession of a firearm by a convicted felon, a violation of 18
U.S.C. § 922(g).
Bailey argues that the factual basis offered in support of
his guilty plea was insufficient to support the interstate-
commerce element of his offense, because it showed nothing more
than his gun traveled across state lines at some point in the
past. He concedes that this argument is foreclosed by circuit

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No. 02-21031
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precedent. See United States v. Daugherty, 264 F.3d 513,
518 & n.12 (5th Cir. 2001), cert. denied, 534 U.S. 1150 (2002).
He raises the issue to preserve it for Supreme Court review. The
judgment of the district court is AFFIRMED.
The Government has moved for a summary affirmance in lieu of
filing an appellee’s brief. In its motion, the Government asks
that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.

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