Opinion
No. 16-40066
10-18-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO DE LA CRUZ-TREVINO, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 7:15-CR-292-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Francisco De La Cruz-Trevino raises an argument that is foreclosed by United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001). In Daugherty, we rejected a Commerce Clause challenge to 18 U.S.C. § 922(g) and held that "the constitutionality of § 922(g) is not open to question." Daugherty, 264 F.3d at 518 (internal quotation marks and citation omitted). Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.