United States v. Carter

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 17, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20177
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESSE JUDE CARTER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-519-ALL
--------------------
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Jesse Jude Carter appeals his guilty-plea conviction under
18 U.S.C. § 922(g) for possession of a firearm by a convicted
felon. He argues that 18 U.S.C. § 922(g)(1) is unconstitutional on
its face and as applied because it does not require a showing of a
“substantial” effect on interstate commerce. He acknowledges that
his claim is foreclosed by Fifth Circuit precedent and states that
he raises the claim to preserve it for possible Supreme Court
review.

-- 1 of 2 --

2
Carter’s claim is foreclosed by circuit precedent. See United
States v. Cavazos, 288 F.3d 706, 712-13 (5th Cir.), cert. denied,
537 U.S. 910 (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.

-- 2 of 2 --