United States v. Evans ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40106
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARK ANTHONY EVANS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-00-CR-3-ALL
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October 28, 2002
Before JONES, DUHÉ, and CLEMENT, Circuit Judges.
PER CURIAM:1
Mark Anthony Evans appeals his conviction and sentence for
possession with intent to distribute crack cocaine and being a
felon in possession of a firearm. He raises two arguments, both of
which he concedes are foreclosed and raised only to preserve their
further review.
Evans first argues that the evidence was insufficient to
support a finding that the firearm at issue traveled in interstate
1
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that this opinion should not be published and is not precedent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.
commerce, because 18 U.S.C. § 922(g) cannot be constitutionally
construed to cover the intrastate possession of a handgun merely
because it traveled across state lines at some point in the past.
This issue is foreclosed by United States v. Daugherty, 264 F.3d
513 (5th Cir. 2001), cert. denied, 122 S. Ct. 1113 (2002). Evans
additionally argues pursuant to Apprendi v. New Jersey, 530 U.S.
466 (2000), that 21 U.S.C. § 841(a)&(b) are facially
unconstitutional. That issue is foreclosed by United States v.
Slaughter, 238 F.3d 580, 582 (5th Cir. 2000), cert. denied, 532
U.S. 1045 (2001). As Evans recognizes, we are bound by this
court’s precedent absent an intervening Supreme Court decision or
a subsequent en banc decision. See United States v. Short, 181
F.3d 620, 624 (5th Cir. 1999).
AFFIRMED.
2