United States v. Mattox

* 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opinion should not be published and is not precedent except under the limited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. 00-20884
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHERMAN MATTOX,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-319-1
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June 28, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges:
PER CURIAM:*
Sherman Mattox (Mattox) appeals his guilty-plea
conviction for one count of being a felon in possession of a
firearm. He contends that there was an insufficient factual basis
to support his plea and that this court should reconsider its
jurisprudence regarding the constitutionality of 18 U.S.C. § 922(g)
in light of Jones v. United States, 529 U.S. 848 (2000), and United
States v. Morrison, 529 U.S. 598 (2000).
“This court has repeatedly emphasized that the
constitutionality of § 922(g)(1) is not open to question.” See
United States v. De Leon, 170 F.3d 494, 499 (5th Cir.), cert.

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No. 00-20884
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denied, 528 U.S. 863 (1999). The cases cited by Mattox do not
affect this determination. Consequently, the judgment of the
district court is AFFIRMED.

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