United States v. Davis , 239 F. App'x 83 ( 2007 )


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  •           IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 07-50003                     F I L E D
    Summary Calendar                   August 30, 2007
    Charles R. Fulbruge III
    UNITED STATES OF AMERICA                                            Clerk
    Plaintiff-Appellee
    v.
    JONATHAN DAVIS
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 1:06-CR-63-ALL
    Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Defendant-Appellant Jonathan Davis appeals his guilty-plea conviction
    and sentence for possession of stolen ammunition and possession of a firearm
    with an obliterated or removed serial number, in violation of 18 U.S.C. § 922(j)
    and (k). The government has moved for summary affirmance. Alternatively, the
    Government seeks an extension of time to file a brief.
    Davis asserts that the enactment of § 922(j) and (k) exceeded Congress’s
    authority under the Commerce Clause because the subsections did not require
    *
    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    should not be published and is not precedent except under the limited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. 07-50003
    a significant effect on interstate commerce. He has not shown that these
    subsections violate the Commerce Clause. See United States v. Luna, 
    165 F.3d 316
    , 319-22 (5th Cir. 1999). Davis also contends that § 922(j) and (k) are
    unconstitutional as applied to him because his federal offenses arose from the
    same factual patterns as state charges for theft and unlawful appropriation. In
    light of his admission that the firearm and ammunition in question passed
    through interstate commerce, § 922(j) and(k) were constitutional as applied to
    him. See 
    id. at 322.
          Accordingly, the government's motion for summary affirmance is
    GRANTED, its alternative request for an extension of time is DENIED as
    unnecessary, and the decision of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 07-50003

Citation Numbers: 239 F. App'x 83

Judges: Benavides, Garza, Per Curiam, Wiener

Filed Date: 8/30/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023