United States v. Reyes

* 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that this opinion should not be published and is not precedent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. 02-50624
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN HENRY REYES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-00-CR-262-OG
--------------------
February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
John Henry Reyes appeals his conviction and sentence for
possession of a firearm by a convicted felon in violation of 18
U.S.C. §§ 922(g)(1) and 924(a)(2). Relying on the Supreme
Court’s decisions in Jones v. United States, 529 U.S. 848 (2000);
United States v. Morrison, 529 U.S. 598 (2000); and United States
v. Lopez, 514 U.S. 549 (1995), Reyes argues that 18 U.S.C.
§ 922(g)(1) is an unconstitutional exercise of Congress’s

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No. 02-50624
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Commerce Clause power because the regulated activity does not
substantially affect interstate commerce.
Reyes raises his argument solely to preserve it for possible
Supreme Court review. As he acknowledges, his argument is
foreclosed by existing Fifth Circuit precedent. See United
States v. Cavazos, 288 F.3d 706, 712 (5th Cir.), cert. denied,
123 S. Ct. 253 (2002); United States v. Daugherty, 264 F.3d 513,
518 (5th Cir. 2001), cert. denied, 534 U.S. 1150 (2002); United
States v. Gresham, 118 F.3d 258, 264-65 (5th Cir. 1997); United
States v. Kuban, 94 F.3d 971, 973 (5th Cir. 1996); United States
v. Rawls, 85 F.3d 240, 242-43 (5th Cir. 1996). Accordingly, 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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