USA v. Banda

Filing 920090818

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-20677 Conference Calendar August 18, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ISSAC JOAQUIN BANDA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:07-CR-191-ALL Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Issac Joaquin Banda presents arguments that he concedes are foreclosed by United States v. Rawls, 85 F.3d 240, 242-44 (5th Cir. 1996), which rejected a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18 U.S.C. 922(g). See United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001). The appellant's motion for summary disposition is GRANTED, the Government's unopposed motion for summary affirmance is GRANTED, the Government's alternative motion for an 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-20677 extension of time to file a letter brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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