Opinion
No. 06-40476 Summary Calendar.
February 26, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
John Riley Friesell, Bellaire, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 3:05-CR-5-ALL.
Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
Keith Ray Teagle appeals the 120-month sentence he received after pleading guilty to possessing a firearm in interstate commerce after having been convicted of a felony. Teagle argues, for the first time on appeal, that the district court erred by failing to adequately articulate its reasons for imposing a non-Guidelines sentence. He also contends that his sentence was unreasonable under 18 U.S.C. § 3553(a). Teagle fails to demonstrate any error, plain or otherwise, with regard to the reasonableness of the non-Guidelines sentence imposed by the district court. See United States v. Jones, 444 F.3d 430, 434-36 (5th Cir. 2006); United States v. Smith, 440 F.3d 704, 707-10 (5th Cir. 2006).
Teagle argues, for the first time on appeal, that the district court lacked subject matter jurisdiction under § 922(g)(1) because there was no evidence that his possession of the firearms was in or affected interstate commerce. He concedes that his argument is foreclosed by this court's decision in United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), cert. denied 534 U.S. 1150, 122 S.Ct. 1113, 151 L.Ed.2d 1007 (2002), but raises it for possible review by the United States Supreme Court.
Also, for the first time on appeal, Teagle argues that the district court erred by applying the Sentencing Guidelines as advisory. He concedes that his argument is foreclosed by United States v. Austin, 432 F.3d 598 (5th Cir. 2005), but raises it to preserve it for possible review with the United States Supreme Court.
AFFIRMED.