USA v. Esekhigbe

Filing 920070307


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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 7, 2007 Charles R. Fulbruge III Clerk No. 06-20195 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHARLTON ORIASO ESEKHIGBE, Defendant-Appellant. -------------------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:* Appealing the Judgment in a Criminal Case, Charlton Oriaso Esekhigbe raises arguments that are foreclosed by United States 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-possessionof-a-firearm statute, 18 U.S.C. 922(g). The Government's 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-20195 -2motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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