United States v. Jesse

* 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that this opinion should not be published and is not precedent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. 02-20326
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GLENN ANDRE JESSE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-532-1
--------------------
February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Glenn Andre Jesse appeals his bench-trial conviction for
possession of a firearm subsequent to a felony conviction. He
challenges the constitutionality of 18 U.S.C. § 922(g)(1) and
contends that this court should reconsider its jurisprudence
regarding the statute in light of United States v. Lopez,
514 U.S. 549 (1995), Jones v. United States, 529 U.S. 848 (2000),
and United States v. Morrison, 529 U.S. 598 (2000).

-- 1 of 2 --

No. 02-20326
-2-
Jesse’s arguments are foreclosed by this court’s precedent.
“[N]either the holding in Lopez nor the reasons given therefore
constitutionally invalidate § 922(g)(1).” United States v.
Rawls, 85 F.3d 240, 242 (5th Cir. 1996). “Neither Jones nor
Morrison affects or undermines the constitutionality of
§ 922(g).” United States v. Daugherty, 264 F.3d 513, 518
(5th Cir. 2001), cert. denied, 534 U.S. 1150 (2002). “This court
has repeatedly held that evidence that a firearm has traveled
interstate at some point in the past is sufficient to support a
conviction under § 922(g), even if the defendant possessed the
firearm entirely intrastate.” United States v. Cavazos, 288 F.3d
706, 712 (5th Cir.), cert. denied, 123 S. Ct. 253 (2002).
The judgment of the district court is AFFIRMED.

-- 2 of 2 --