United States v. Stanley

* 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that this opinion should not be published and is not precedent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. 02-30082
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES ELGIN STANLEY,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CR-30013-ALL
--------------------
August 20, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Charles Elgin Stanley appeals his jury-trial conviction for
failure to pay a child support obligation, in violation of the
Child Support Recovery Act (CSRA). He avers that this court
should reconsider its decision in United States v. Bailey, 115
F.3d 1222 (5th Cir. 1997) which upheld the constitutionality of
the CSRA. Stanley also contends that the statute is
unconstitutional as it applies to him.

-- 1 of 2 --

No. 02-30082
-2-
This court reviews the constitutionality of a federal
statute de novo. Bailey, 115 F.3d at 1225. However, because
Stanley did not raise this objection in the lower court, review
is for plain error. United States v. Knowles, 29 F.3d 947, 950
(5th Cir. 1994).
Bailey forecloses Stanley’s challenge to the
constitutionality of the CSRA. United States v. Taylor, 933 F.2d
307, 313 (5th Cir. 1991)(one panel of this circuit may not
overrule another panel’s decision). Nor has he shown that the
CSRA is unconstitutional as applied to him. The judgment of the
district court is AFFIRMED.
AFFIRMED.

-- 2 of 2 --