IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20047
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FREDERICK WAYNE THOMAS, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-551-1
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Frederick Wayne Thomas, Jr. appeals his bench-trial
conviction for possession of a firearm subsequent to a felony
conviction. He challenges the constitutionality of 18 U.S.C.
§ 922(g)(1) and contends that this court should reconsider its
jurisprudence regarding the statute in light of United States v.
Lopez, 514 U.S. 549 (1995), Jones v. United States, 529 U.S. 848
(2000), and United States v. Morrison, 529 U.S. 598 (2000).
*
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that this opinion should not be published and is not precedent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. 02-20047
-2-
Thomas’ arguments are foreclosed by this court’s precedent.
“[N]either the holding in Lopez nor the reasons given therefore
constitutionally invalidate § 922(g)(1).” United States v.
Rawls, 85 F.3d 240, 242 (5th Cir. 1996). “Neither Jones nor
Morrison affects or undermines the constitutionality of
§ 922(g).” United States v. Daugherty, 264 F.3d 513, 518
(5th Cir. 2001), cert. denied, 534 U.S. 1150 (2002). “This court
has repeatedly held that evidence that a firearm has traveled
interstate at some point in the past is sufficient to support a
conviction under § 922(g), even if the defendant possessed the
firearm entirely intrastate.” United States v. Cavazos, 288 F.3d
706, 712 (5th Cir.), cert. denied, 123 S. Ct. 253 (2002).
The judgment of the district court is AFFIRMED.