United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2003
IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III
FOR THE FIFTH CIRCUIT Clerk
No. 02-21030
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CURTIS LEE SMITH,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-131-1
- - - - - - - - - -
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Curtis Lee Smith appeals his guilty-plea conviction of
possession of a firearm by a convicted felon, a violation of 18
U.S.C. § 922(g).
Smith argues that the factual basis offered in support of
his guilty plea was insufficient to support the interstate-
commerce element of his offense, because it showed nothing more
than that his gun traveled across state lines at some point in
the past. He 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that this opinion should not be published and is not precedent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. 02-21030
-2-
circuit precedent. See United States v. Daugherty, 264 F.3d 513,
518 & n.12 (5th Cir. 2001), cert. denied, 534 U.S. 1150 (2002).
He raises the issue to preserve it for Supreme Court review.
AFFIRMED.