UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4582
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES A. LIVERMAN, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern of
Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CR-02-
17)
Submitted: November 7, 2002 Decided: November 13, 2002
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Frank W. Dunham, Jr., Federal Public Defender, Walter B. Dalton,
Assistant Federal Public Defender, Norfolk, Virginia, for
Appellant. Paul J. McNulty, United States Attorney, Michael C.
Moore, Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
After his conviction for being a felon in possession of
ammunition in violation of 18 U.S.C. § 922(g) (2000), James A.
Liverman, Jr., appeals the district court’s order denying
Liverman’s motion to dismiss the indictment.* Liverman claims the
indictment pursuant to § 922(g) violated his rights under the
Commerce Clause. We have reviewed the record and find no reversible
error. As the district court correctly concluded, Liverman’s claim
is foreclosed by our decisions in United States v. Gallimore, 247
F.3d 134 (4th Cir. 2001), and United States v. Wells, 98 F.3d 808
(4th Cir. 1996). It is well established that a panel of this court
cannot overrule the decision of another panel. United States v.
Najjar, 300 F.3d 466, 486 n.8 (4th Cir. 2002). Accordingly, we
affirm the district court’s order. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED
*
Although Liverman pled guilty, he reserved the right to
appeal the district court’s denial of his motion to dismiss the
indictment.
2