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. 03-20497
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESSE PERALES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-659-ALL
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jesse Perales pleaded guilty to one charge of being a felon
in possession of a firearm, and the district court sentenced him
to 57 months in prison and a three-year term of supervised
release. Perales now appeals his conviction and sentence.
Perales argues for the first time on appeal that the statute
of conviction, 18 U.S.C. § 922(g)(1), is unconstitutional because
it does not require a substantial effect on interstate commerce
and is thus an improper exercise of Congress’s power under the
*
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that this opinion should not be published and is not precedent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. 03-20497
-2-
Commerce Clause. This argument is unavailing. “This court has
repeatedly emphasized that the constitutionality of § 922(g)(1)
is not open to question.” United States v. De Leon, 170 F.3d
494, 499 (5th Cir. 1999).
Perales also argues that the district court’s inclusion of a
written condition of supervised release prohibiting him from
possessing a dangerous weapon must be stricken because it
conflicts with the district court’s oral pronouncement of
sentence. This issue has already been decided adversely to
Perales. See United States v. Torres-Aguilar, 352 F.3d 934, 937-
38 (5th Cir. 2003).
Perales has shown no error in connection with his conviction
and sentence. Accordingly, the judgment of the district court is
AFFIRMED.