Opinion
No. 06-20195 Conference Calendar.
March 7, 2007.
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.
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-possession-of-a-firearm statute, 18 U.S.C. § 922(g). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.