USA v. Gilberto Ramirez


UNPUBLISHED OPINION FILED. [13-40625 Affirmed] Judge: EGJ , Judge: JES , Judge: EBC. Mandate pull date is 01/30/2014 for Appellant Gilberto Ramirez; granting motion for summary affirmance filed by Appellant Mr. Gilberto Ramirez [7474362-2] [13-40625]

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Case: 13-40625 Document: 00512495095 Page: 1 Date Filed: 01/09/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-40625 Summary Calendar FILED January 9, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GILBERTO RAMIREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1985-1 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * Gilberto Ramirez pleaded guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1), and he was sentenced to 62 months of imprisonment and three years of supervised release. Represented by the Federal Public Defender, Ramirez raises an argument, in order to preserve the issue for further review, that he correctly concedes is foreclosed by circuit precedent. Ramirez’s Commerce Clause challenge to the constitutionality of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-40625 Document: 00512495095 Page: 2 Date Filed: 01/09/2014 No. 13-40625 § 922(g)(1) is foreclosed, and “‘the constitutionality of § 922(g) is not open to question.’” United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001) (quoting United States v. De Leon, 170 F.3d 494, 499 (5th Cir. 1999)). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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