USA v. Garcia
Filing
920061025
Opinion
United States Court of Appeals Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 25, 2006 Charles R. Fulbruge III Clerk No. 05-20690 Conference Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CRUZ JOEL GARCIA, JR., Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CR-88-ALL -------------------Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Cruz Joel Garcia, Jr., appeals his guilty-plea conviction for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Garcia contends that § 922(g)(1) is unconstitutional on its face because it does not require a substantial effect on interstate or foreign commerce. Alternatively, he contends that
the factual basis for his plea was insufficient because the mere movement of a firearm from one state or country to another at some undetermined time in the past does not constitute a 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*
No. 05-20690 -2substantial effect on interstate or foreign commerce. Garcia
raises these arguments solely to preserve them for possible Supreme Court review. As he acknowledges, they are foreclosed by See United States v. Guidry,
existing Fifth Circuit precedent.
406 F.3d 314, 318-19 (5th Cir.), cert. denied, 126 S. Ct. 190 (2005); United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001). AFFIRMED.
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