United States v. Williams

* 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that this opinion should not be published and is not precedent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 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20898
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERMAN WILLIAMS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-100-ALL
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Herman Williams appeals his guilty-plea conviction of
possession of a firearm by a convicted felon and possession of a
firearm during and in relation to a drug-trafficking crime, in
violation of 18 U.S.C. §§ 922(g)(1) and 924(c)(1). 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), Williams argues that

-- 1 of 2 --

No. 02-20898
-2-
18 U.S.C. § 922(g)(1) is an unconstitutional exercise of
Congress’s Commerce Clause power because the regulated activity
does not substantially affect interstate commerce.
Williams 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. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), cert.
denied, 534 U.S. 1150 (2002); United States v. Rawls, 85 F.3d
240, 242-43 (5th Cir. 1996). Accordingly, the judgment of the
district court is AFFIRMED.
AFFIRMED.

-- 2 of 2 --