United States v. Lavan

* 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that this opinion should not be published and is not precedent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. 02-20967
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GAYLAN LAVAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-141-1
--------------------
February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Gaylan Lavan 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 firearms manufactured
outside the state, was insufficient to establish the nexus with
interstate commerce required by 18 U.S.C. § 922(g)(1). He
acknowledges that his claim is foreclosed by Fifth Circuit

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No. 02-20967
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precedent and states that he raises the claim to preserve it for
possible Supreme Court review.
Lavan’s claim is foreclosed by circuit precedent. See
United States v. Cavazos, 288 F.3d 706, 712-13 (5th Cir.), cert.
denied, 123 S. Ct. 253 (2002); United States v. Daugherty,
264 F.3d 513, 518 & n.12 (5th Cir. 2001), cert. denied, 534 U.S.
1150 (2002). Accordingly, the district court's judgment is
AFFIRMED.

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