IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20128
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID LEE EDDS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CR-191-1
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October 22, 1997
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
David Lee Edds appeals his guilty-plea conviction for
possession a firearm in violation of 18 U.S.C. § 922(g)(1). Edds
argues that the federal government cannot, consistent with the
Interstate Commerce Clause, the Tenth Amendment, and in the wake
of United States v. Lopez, 115 S. Ct. 1624 (1995), punish a
felon’s mere possession of a firearm that has traveled in
interstate commerce at some unspecified time in the past because
such possession lacks a sufficient nexus with interstate
*
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this opinion should not be published and is not precedent except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. 97-20128
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commerce. Section 922(g)(1) has been consistently upheld as
constitutional. See Scarborough v. United States, 431 U.S. 563
(1977); United States v. Kuban, 94 F.3d 971, 973 (5th Cir. 1996),
cert. denied, 117 S. Ct. 716 (1997); United States v. Rawls, 85
F.3d 240, 242 (5th Cir. 1996).
AFFIRMED.