IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-51025
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROGERIO GOMEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-98-CR-63-1
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October 19, 1999
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Rogerio Gomez appeals his guilty-plea conviction for
possession of a firearm by a convicted felon in violation of 18
U.S.C. § 922(g)(1). Gomez contends that § 922(g)(1) is
unconstitutional in view of the Supreme Court’s decision in
United States v. Lopez, 514 U.S. 549 (1995). Gomez acknowledges
that this court rejected this argument in United States v. Rawls,
85 F.3d 240, 242 (5th Cir. 1996), but states that he is raising
*
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that this opinion should not be published and is not precedent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. 98-51025
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this argument to preserve it for further review. In Rawls, this
court held that the reasons the Supreme Court gave in Lopez for
holding 18 U.S.C. § 922(q) unconstitutional do not apply to
§ 922(g). Rawls, 85 F.3d at 242. Because the sole argument
raised on appeal is foreclosed by this court’s precedent, the
district court’s judgment is AFFIRMED.