United States v. Stanley ( 2002 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 02-30082
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    CHARLES ELGIN STANLEY,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 01-CR-30013-ALL
    --------------------
    August 20, 2002
    Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
    PER CURIAM:*
    Charles Elgin Stanley appeals his jury-trial conviction for
    failure to pay a child support obligation, in violation of the
    Child Support Recovery Act (CSRA).   He avers that this court
    should reconsider its decision in United States v. Bailey, 
    115 F.3d 1222
    (5th Cir. 1997) which upheld the constitutionality of
    the CSRA.   Stanley also contends that the statute is
    unconstitutional as it applies to him.
    *
    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    that this opinion should not be published and is not precedent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.
    No. 02-30082
    -2-
    This court reviews the constitutionality of a federal
    statute de novo.   
    Bailey, 115 F.3d at 1225
    .   However, because
    Stanley did not raise this objection in the lower court, review
    is for plain error.   United States v. Knowles, 
    29 F.3d 947
    , 950
    (5th Cir. 1994).
    Bailey forecloses Stanley’s challenge to the
    constitutionality of the CSRA.   United States v. Taylor, 
    933 F.2d 307
    , 313 (5th Cir. 1991)(one panel of this circuit may not
    overrule another panel’s decision).   Nor has he shown that the
    CSRA is unconstitutional as applied to him.    The judgment of the
    district court is AFFIRMED.
    AFFIRMED.
    

Document Info

Docket Number: 02-30082

Filed Date: 8/23/2002

Precedential Status: Non-Precedential

Modified Date: 4/18/2021