United States v. Parker

* 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that this opinion should not be published and is not precedent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. 02-20303
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EMILIO DANIEL PARKER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-631-1
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Emilio Daniel Parker appeals his conviction and sentence
following his guilty plea for being a felon in possession of a
firearm. Parker argues that 18 U.S.C. § 922(g)(1) is
unconstitutional on its face and as applied in his case. Parker
does not dispute that the firearm that he possessed in Texas was
manufactured in another state. However, he argues that the mere
passage over state lines at some unspecified time in the past is

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No. 02-20303
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not sufficient to establish the firearm’s nexus with interstate
commerce.
Parker concedes that the court has upheld the
constitutionality of 18 U.S.C. § 922(g)(1) and has rejected his
argument that the mere movement of a firearm across state lines
does not constitute a substantial effect on interstate commerce.
See United States v. Rawls, 85 F.3d 240, 242 (5th Cir. 1996);
United States v. Daugherty, 264 F.3d 513, 517 (5th Cir. 2001),
cert. denied, 534 U.S. 1150 (2002). He argues that he is raising
these issues to preserve them for further review.
This court is bound by its precedent absent an intervening
Supreme Court decision or a subsequent en banc decision. See
United States v. Short, 181 F.3d 620, 624 (5th Cir. 1999).
Parker’s conviction is AFFIRMED.

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