IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10590
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NICHOLAS A. MARTIN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:97-CR-142-1-Y
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December 10, 1998
Before DAVIS, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Nicholas A. Martin appeals from his judgment of conviction
and sentence following a guilty plea for possession of a firearm
by a convicted felon. He argues that 18 U.S.C. § 922(g)(1) is
unconstitutional, in light of the Supreme Court’s decision in
United States v. Lopez, 514 U.S. 549 (1995). Martin’s argument
is foreclosed by United States v. Rawls, 85 F.3d 240, 242 (5th
Cir. 1996).
Martin also argues that the district court erred by failing
to treat two prior state-court convictions for burglary of a
*
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that this opinion should not be published and is not precedent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. 98-10590
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habitation as "related cases" for sentencing purposes. Martin
argues that the convictions are related because they would be
considered as consolidated for sentencing under Ninth Circuit law
and nonbinding commentary in a Sentencing Commission publication,
and he suggests that principles of federalism and the rule of
lenity dictate that state law should not determine whether prior
convictions are considered as "consolidated" under the Sentencing
Guidelines.
The Ninth Circuit's holding on this issue is irrelevant
because, under the law in this circuit, Martin’s prior
convictions are not deemed to have been consolidated for
sentencing. See United States v. Gipson, 46 F.3d 472, 476 (5th
Cir. 1995). The Sentencing Commission publication cited by
Martin is not binding on this court. United States v. Kings, 981
F.2d 790, 795 n.10 (5th Cir. 1993).
AFFIRMED.