U.S. v. Franklin

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Nikia FRANKLIN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 7, 2007

221 F. App'x 364 (5th Cir. 2007)

Opinion

No. 06-20606 Conference Calendar.

March 7, 2007.

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, Federal Public Defender's Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4-.04-CR-190-ALL.

Before KING, WIENER, and OWEN, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Nikia Franklin presents arguments that she concedes are foreclosed by the law of the case, see, e.g., Ward v. Santa Fe Indep. Sch. Dist, 393 F.3d 599, 607-08 (5th Cir. 2004) (reiterating that a party cannot raise an issue on appeal that could have been raised in an earlier appeal in the same case), and by circuit precedent, see, e.g., United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001) (rejecting 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.