United States v. Tillis

* 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that this opinion should not be published and is not precedent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
August 20, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-21022
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TRAVIS TILLIS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-817-ALL
--------------------
Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Travis Tillis appeals his conviction following a guilty plea
for being a felon in possession of a firearm, in violation of 18
U.S.C. §§ 922(g)(1), 924(a)(2). Tillis argues that 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. Alternatively, he
argues that his indictment was defective for failing to allege
that his specific offense substantially affected interstate

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No. 02-21022
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commerce and that the factual basis for his plea was insufficient
because the evidence established only that the firearm had
traveled across state lines at some unspecified point in the
past.
Tillis raises his arguments solely to preserve them for
possible Supreme Court review. As he acknowledges, his arguments
are foreclosed by 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. Gresham, 118 F.3d 258, 264-65
(5th Cir. 1997); United States v. Fitzhugh, 984 F.2d 143, 145-46
(5th Cir. 1993).
AFFIRMED.

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