United States v. Lavan

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-20967 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GAYLAN LAVAN, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-141-1 -------------------- February 20, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Gaylan Lavan appeals his guilty-plea conviction under 18 U.S.C. § 922(g)(1) for possession of a firearm by a convicted felon. He argues that the factual basis for his guilty plea, which showed his intrastate possession of firearms manufactured outside the state, was insufficient to establish the nexus with interstate commerce required by 18 U.S.C. § 922(g)(1). He acknowledges that his claim is foreclosed by Fifth Circuit * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-20967 -2- precedent and states that he raises the claim to preserve it for possible Supreme Court review. Lavan’s claim is foreclosed by circuit precedent. See United States v. Cavazos, 288 F.3d 706, 712-13 (5th Cir.), cert. denied, 123 S. Ct. 253 (2002); United States v. Daugherty, 264 F.3d 513, 518 & n.12 (5th Cir. 2001), cert. denied, 534 U.S. 1150 (2002). Accordingly, the district court's judgment is AFFIRMED.