United States v. Johnson ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20556
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER LEMOSES JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-891-1
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October 29, 2002
Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Christopher Lemoses Johnson appeals his conviction and
sentence for being a felon in possession of a firearm in
violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Johnson
argues that his conviction under 18 U.S.C. § 922(g)(1) must be
reversed because it is unconstitutional to convict a defendant
under that statute when the firearm’s only connection with
interstate commerce was that at some point in the past it crossed
state lines.
*
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that this opinion should not be published and is not precedent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. 01-20556
-2-
This court has repeatedly rejected constitutional challenges
to 18 U.S.C. § 922(g)(1) convictions, concluding that the
interstate commerce element is satisfied by the possession of a
firearm that was manufactured in a different state or country.
See United States v. Cavazos, 288 F.3d 706, 712 (5th Cir. 2002),
cert. denied, (U.S. Oct. 7, 2002) (No. 02-5348); see also United
States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), cert.
denied, 534 U.S. 1150 (2002). Thus, Johnson’s argument fails.
The conviction is AFFIRMED.
AFFIRMED.