IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50004
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KALUB DOYLE, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-95-CR-104-1
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August 18, 1997
Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.
PER CURIAM:*
Kalub Doyle, Jr., appeals his conviction by a jury for
possession of 50 grams of “crack” cocaine with intent to
distribute, in violation of 21 U.S.C. § 841(a)(1) (count one),
and possession of a firearm by a convicted felon, in violation of
18 U.S.C. §§ 922(g)(1) and 924(a) (count two). He argues that
the district court abused its discretion in permitting the
Government to pose questions to a defense witness on cross-
*
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that this opinion should not be published and is not precedent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. 97-50004
-2-
examination, concerning his possession of a firearm, that
exceeded the scope of direct examination.
We have reviewed the record and the briefs and find no abuse
of discretion. It was proper for the district court to permit
the Government to question the witness about the presence of the
firearm. The circumstances of the discovery of the firearm were
omitted on direct examination; however, the testimony on cross-
examination was an inference or implication arising from the
witness' direct testimony concerning the events on the day the
search warrant was executed. See United States v. Tomblin, 46
F.3d 1369, 1386 (5th Cir. 1995).
Doyle’s challenge to Congress’ authority under the Commerce
Clause to enact 18 U.S.C. § 922(g)(1) is without merit. It has
been decided in this circuit that § 922(g)(1) is not
constitutionally invalid. See United States v. Rawls, 85 F.3d
240, 242 (5th Cir. 1996).
The judgment of the district court is AFFIRMED.