IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10575
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HAROLD JERIOD JENNINGS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CR-300-1-X
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December 16, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Harold Jeriod Jennings appeals his judgment of conviction
for possession of a firearm by a felon solely to preserve his
issue before the Supreme Court. Jennings 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 basis for conviction
*
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that this opinion should not be published and is not precedent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. 99-10575
-2-
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).
AFFIRMED.