IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40914
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TROY DALE WILSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-64-ALL
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March 18, 2003
Before JONES, STEWART and DENNIS, Circuit Judges.
PER CURIAM:*
Troy Dale Wilson appeals his conviction and sentence after a
jury trial for being a felon in possession of a firearm. Wilson
was sentenced pursuant to the Armed Career Criminal Act, 18 U.S.C.
§ 924(e). He contends that 18 U.S.C. § 922(g) is unconstitutional
because the nexus between the act and interstate commerce is
minimal. Wilson concedes that this argument is foreclosed by
*
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this opinion should not be published and is not precedent except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. 02-40914
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circuit precedent but raises it to preserve possible review by the
Supreme Court. He also contends that the evidence was insufficient
to establish his possession of the firearm and that the ACCA
violates the Eighth Amendment’s prohibition against cruel and
unusual punishment and is void for vagueness under the Due Process
Clause.
As this court has repeatedly recognized, the constitutionality
of 18 U.S.C. § 922(g) is not open to question. United States v.
Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), cert. denied, 534
U.S. 1150 (2002). Wilson has not adequately briefed his remaining
two arguments. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th
Cir. 1993). Even if we were to reach these arguments, they lack
merit. There was ample evidence to support Wilson’s possession of
the firearm, and the ACCA does not violate either the Eighth
Amendment or the Due Process Clause. See Harmelin v. Michigan, 501
U.S. 957, 994 (1991); Kolender v. Lawson, 461 U.S. 352, 357 (1983);
United States v. De Leon, 170 F.3d 494, 496 (5th Cir. 1999); United
States v. Reynolds, 215 F.3d 1210, 1214 (11th Cir. 2000).
AFFIRMED.
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