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. 03-40295
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARMANDO CANTU, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CR-295-1
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Armando Cantu, III, appeals his guilty plea conviction for
being a felon in possession of a firearm. Cantu argues that the
factual basis of his guilty plea was insufficient to support his
conviction under 18 U.S.C. § 922(g) in light of the Supreme
Court’s decisions in United States v. Morrison, 529 U.S. 598
(2000), and Jones v. United States, 529 U.S. 848 (2000). Cantu
concedes that his argument is foreclosed by our opinion in United
States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), which
*
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that this opinion should not be published and is not precedent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. 03-40295
-2-
rejected the contention that either Morrison or Jones affected or
undermined the constitutionality of 18 U.S.C. § 922(g). He
raises the issue only to preserve it for Supreme Court review.
A panel of this court cannot overrule a prior panel’s
decision in the absence of an intervening contrary or superseding
decision by this court sitting en banc or by the United States
Supreme Court. Burge v. Parish of St. Tammany, 187 F.3d 452, 466
(5th Cir. 1999). No such decision overruling Daugherty exists.
Accordingly, Cantu’s argument is indeed foreclosed. The judgment
of the district court is AFFIRMED.
The Government has moved for a summary affirmance in lieu of
filing an appellee’s brief. In its motion, the Government asks
that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.