U.S. v. Guardiola

Full title: UNITED STATES of America, Plaintiff-Appellee v. Andres GUARDIOLA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 4, 2008

280 F. App'x 375 (5th Cir. 2008)

Opinion

No. 07-20892, Conference Calendar.

June 4, 2008.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:07-CR-180-ALL.

Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Andres Guardiola presents arguments that he concedes are foreclosed by United States v. Dauglierty, 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.