IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-10438
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEROY HENDERSON, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:01-CR-113-1
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January 8, 2003
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Leroy Henderson, Jr., appeals from his conviction and sentence
for felon in possession of a firearm in violation of 18 U.S.C. §
922(g)(1). He raises two issues on appeal. He argues first that
18 U.S.C. § 922(g)(1) is unconstitutional on its face and as
applied because it does not require a substantial effect on
interstate commerce. He acknowledges that his argument is
foreclosed by circuit precedent, but he seeks to preserve the issue
*
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that this opinion should not be published and is not precedent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. 02-10438
-2-
for possible Supreme Court review. As Henderson concedes, this
issue is foreclosed. See United States v. Daugherty, 264 F.3d 513,
518 (5th Cir. 2001), cert. denied, 534 U.S. 1150 (2002); United
States v. Cavazos, 288 F.3d 706, 712 (5th Cir.), cert. denied, 123
S. Ct. 253 (2002).
Henderson next argues that the district court erred by not
granting him a reduction in his offense level for acceptance of
responsibility under U.S.S.G. § 3E1.1. We are unpersuaded by
Henderson's argument and conclude based on our review of the trial
record that he has not met his burden of showing that the district
court's denial of the reduction was without foundation. See United
States v. Thomas, 120 F.3d 564, 574-75 (5th Cir. 1997); United
States v. Maldonado, 42 F.3d 906, 913 (5th Cir. 1995).
AFFIRMED.