Case: 10-10458 Document: 00511382634 Page: 1 Date Filed: 02/15/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 15, 2011
No. 10-10458
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARIO ARTURO DELAGARZA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:09-CR-52-1
Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Mario Arturo DelaGarza
presents arguments that he concedes are foreclosed by United States
v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), which rejected a Commerce
Clause challenge to 18 U.S.C. § 922(g)(1), and United States v. Dancy, 861 F.2d
77, 81-82 (5th Cir. 1988), which held that a conviction under § 922(g) does not
require proof that the defendant knew that the firearm had an interstate nexus
or that he was a felon. The Government’s motion for summary affirmance is
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-10458 Document: 00511382634 Page: 2 Date Filed: 02/15/2011
No. 10-10458
GRANTED, its alternative motions to dismiss and for an extension of time to file
a brief are DENIED, and the judgment of the district court is AFFIRMED.
2