United States v. White

* 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that this opinion should not be published and is not precedent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. 01-21068
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT HAROLD WHITE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-238-ALL
--------------------
June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Robert Harold White appeals his guilty-plea conviction under
18 U.S.C. § 922(g)(1) for possession of a firearm by a convicted
felon. He argues that the factual basis for his guilty plea,
which showed his intrastate possession of a firearm manufactured
outside the state, was insufficient to establish the nexus with
interstate commerce required by 18 U.S.C. § 922(g)(1). He
argues, in light of the Supreme Court's recent decisions in

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No. 01-21068
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Jones v. United States, 529 U.S. 848 (2000), United States v.
Morrison, 529 U.S. 598 (2000), and United States v. Lopez, 514
U.S. 549 (1995), that the interstate commerce element of 18
U.S.C. § 922(g)(1) requires something more than the mere fact
that the firearm previously crossed state lines. He acknowledges
that his claim is foreclosed by existing Fifth Circuit precedent
and states that he raises the claim to preserve it for possible
Supreme Court review.
White's claim is foreclosed by circuit precedent. See
United States v. Daugherty, 264 F.3d 513, 518 & n.12 (5th Cir.
2001), cert. denied, 122 S. Ct. 1113 (2002); United States v.
Rawls, 85 F.3d 240, 242 (5th Cir. 1996). Accordingly, the
district court's judgment is AFFIRMED.

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