United States v. Bermea

* 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that this opinion should not be published and is not precedent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. 04-40083
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JEFFREY LOUIS BERMEA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-15-1
--------------------
Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jeffrey Louis Bermea appeals his guilty plea conviction for
being a felon in possession of a firearm. Bermea argues that 18
U.S.C. § 922(g) is an unconstitutional infringement on his
fundamental Second Amendment right to keep and bear arms. He
also argues that the statute is unconstitutional on its face
because it does not require a substantial effect on interstate
commerce. Alternatively, he argues that there is an insufficient
factual basis for a violation of this statute. Bermea concedes
United States Court of Appeals
Fifth Circuit
F I L E D
June 23, 2004
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

No. 04-40083
-2-
that this court has rejected his arguments. See United States v.
Daugherty, 264 F.3d 513, 518 (5th Cir. 2001). He raises these
issues only to preserve them for further review.
A panel of this court cannot overrule a prior panel’s
decision in the absence of an intervening contrary or superseding
decision by this court sitting en banc or by the United States
Supreme Court. Burge v. Parish of St. Tammany, 187 F.3d 452, 466
(5th Cir. 1999). No such decision exists. Accordingly, Bermea’s
argument is indeed foreclosed. 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.

-- 2 of 2 --