IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20576
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-648-1
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February 13, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Christopher Johnson appeals his guilty-plea conviction for
receiving a firearm while under a felony indictment in violation
of 18 U.S.C. § 922(n). He contends that 18 U.S.C. § 922(n) is
unconstitutional as applied in his case because it lacks a
sufficient nexus to interstate commerce. Johnson concedes that
this circuit has held 18 U.S.C. § 922(g) constitutional and that
the holding applies equally to 18 U.S.C. § 922(n). Johnson
argues that we should reconsider our jurisprudence regarding the
constitutionality of 18 U.S.C. § 922(g) in light of Jones v.
*
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that this opinion should not be published and is not precedent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. 00-20576
-2-
United States, 120 S. Ct. 1904 (2000) and United States v.
Morrison, 120 S. Ct. 1740 (2000). “This court has repeatedly
emphasized that the constitutionality of § 922(g)(1) is not open
to question.” See United States v. De Leon, 170 F.3d 494, 499
(5th Cir.), cert. denied, 120 S. Ct. 156 (1999). The cases cited
by Johnson do not affect this determination and, therefore,
cannot serve to support a challenge to a conviction under 18
U.S.C. § 922(n).
AFFIRMED.