United States v. Underwood

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 18, 2004 Charles R. Fulbruge III Clerk No. 03-20312 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JANICE LEA UNDERWOOD, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-547 -------------------- Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges. PER CURIAM:* Janice Lea Underwood appeals from her guilty-plea conviction for possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). Underwood argues that 18 U.S.C. § 922(g)(1) violates the Second Amendment, the Commerce Clause, the Tenth Amendment, and the Equal Protection Clause. In United States v. Darrington, 351 F.3d 632, 633-35 (5th Cir. 2003), this court soundly rejected the same arguments that * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-20312 -2- Underwood raises. Darrington is binding on this panel. See United States v. Ruff, 984 F.2d 635, 640 (5th Cir. 1993). AFFIRMED.