Categories: Fifth Circuit Court of Appeals Opinions

U.S. v. GARCIA, 375 Fed.Appx. 403 (5th Cir. 2010)

UNITED STATES of America, Plaintiff-Appellee v. Luis Roberto GARCIA, Defendant-Appellant.

No. 09-40961 Conference Calendar.United States Court of Appeals, Fifth Circuit.
April 20, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 7:07-CR-917-1.

Before SMITH, PRADO, and HAYNES, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Luis Roberto Garcia presents arguments that he concedes are foreclosed b 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 appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

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