United States v. Witherspoon

* 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that this opinion should not be published and is not precedent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. 99-51110
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARY MICHAEL WITHERSPOON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-99-CR-24-1-ALL-JN
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December 14, 2001
Before DAVIS, BENAVIDES and STEWART, Circuit Judges.
PER CURIAM:*
Gary Michael Witherspoon appeals from his conviction of
possession of a firearm by an individual subject to a court order
regarding domestic violence. He argues that 18 U.S.C.
§ 922(g)(8) violates the Commerce Clause, the Fifth Amendment’s
due process component, and the Second Amendment. Witherspoon’s
contentions are unavailing –- 18 U.S.C. § 922(g)(8) does not
violate the Commerce Clause, United States v. Pierson, 139 F.3d
501, 503-04 (5th Cir. 1998); does not violate the Fifth
Amendment, United States v. Emerson, ___ F.3d ___ (5th Cir. Oct.

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No. 99-51110
-2-
16, 2001), 2001 U.S. App. LEXIS 22386, **16-20; and does not
violate the Second Amendment. Id. at *146.
AFFIRMED.

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