IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10791
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESSE CAROL WOOD, JR.,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:97-CR-2-C
- - - - - - - - - -
June 4, 1998
Before JOLLY, BENAVIDES and PARKER, Circuit Judges.
PER CURIAM:*
Jesse Carol Wood, Jr., appeals his judgment of conviction
for possession of a firearm by a felon. Wood has filed a
suggestion for initial hearing en banc, which is DENIED. Wood
argues that 18 U.S.C. § 922(g)(1) is unconstitutional on its face
because it does not require a substantial effect on interstate
commerce; that the indictment in this case is fatally defective
because of its failure to allege a substantial effect on
interstate commerce; and that there is an insufficient factual
*
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that this opinion should not be published and is not precedent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. 97-10791
-2-
basis for conviction under the statute because the mere movement
of a firearm from one state to another, at some undetermined time
in the past, does not constitute a substantial effect on
interstate commerce. This argument lacks merit. See United
States v. Rawls, 85 F.3d 240, 242 (5th Cir. 1996).
He also argues that the evidence is insufficient because the
Government failed to prove that the weapon ever traveled in
interstate commerce. Viewing the evidence in the light most
favorable to the Government, a rational trier of fact could have
found beyond a reasonable doubt that the firearm was a Remington
manufactured in New York. United States v. Gresham, 118 F.3d
258, 265 (5th Cir. 1997), cert. denied, 118 S. Ct. 702 (1998).
AFFIRMED; SUGGESTION FOR HEARING EN BANC DENIED.