U.S. v. ESEKHIGBE, 06-20195 (5th Cir. 3-7-2007)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CHARLTON ORIASO ESEKHIGBE, Defendant-Appellant.

No. 06-20195 Conference Calendar.United States Court of Appeals, Fifth Circuit.
March 7, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CR-354-ALL.

Before KING, WIENER, and OWEN, Circuit Judges.

PER CURIAM:[*]

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the Judgment in a Criminal Case, Charlton Oriaso Esekhigbe raises arguments that are foreclosed by UnitedStates v. Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000), which held that Apprendi v. New Jersey, 530 U.S. 466
(2000), did not render 21 U.S.C. § 841 unconstitutional on its face, and by United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), which rejected a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.