IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-31271
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RON CAGE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 00-CR-3-ALL-C
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August 21, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Ron Cage appeals his conviction under 18 U.S.C. § 922(g)(1)
for possession of a firearm by a convicted felon. He argues that
18 U.S.C. § 922(g)(1) is unconstitutional, that mere intra-state
possession of a firearm is insufficient to establish that the
firearm traveled in or affected interstate commerce, and that the
district court’s refusal to include a requested jury instruction
on the “in or affecting” commerce element was error. Cage
*
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that this opinion should not be published and is not precedent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. 01-31271
-2-
acknowledges that each of these claims is foreclosed by existing
Fifth Circuit precedent, but he states that he raises the claims
to preserve them for further review.
Cage’s claims are indeed foreclosed by circuit precedent.
See United States v. Daugherty, 264 F.3d 513, 518 & n.12 (holding
that “constitutionality of § 922(g) is not open to question” and
that evidence that a weapon was manufactured outside of the state
in which it was possessed is sufficient to support a conviction)
(5th Cir. 2001), cert. denied, 122 S. Ct. 1113 (2002); United
States v. De Leon, 170 F.3d 494, 499 (5th Cir. 1999) (refusing
instruction that required proof that ammunition had an “explicit
connection or substantial effect on” interstate commerce).
Accordingly, the district court’s judgment is AFFIRMED.