United States v. Sheridan ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2003
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-41055
c/w No. 02-41057
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHESTER JIM SHERIDAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. V-01-CR-65-ALL
USDC. No. V-02-CR-10-1
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
In separate proceedings, Chester Jim Sheridan was convicted
by guilty plea of being a felon in possession of a firearm, in
violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and of mailing a
threatening communication to his wife. His appeals from his
respective judgments of conviction were consolidated.
*
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that this opinion should not be published and is not precedent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. 02-41055 c/w No. 02-40157
-2-
Relying on the Supreme Court’s decisions in Jones v. United
States, 529 U.S. 848 (2000); United States v. Morrison, 529 U.S.
598 (2000); and United States v. Lopez, 514 U.S. 549 (1995),
Sheridan argues that 18 U.S.C. § 922(g)(1) is an unconstitutional
exercise of Congress’s Commerce Clause power because the
regulated activity does not substantially affect interstate
commerce. Alternatively, he argues that his indictment was
defective for failing to allege that his specific offense
substantially affected interstate commerce.
Sheridan raises his arguments solely to preserve them for
possible Supreme Court review. As he acknowledges, his arguments
are foreclosed by existing Fifth Circuit precedent. See United
States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), cert.
denied, 534 U.S. 1150 (2002). Accordingly, the judgment of the
district court is AFFIRMED.
AFFIRMED.