United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 8, 2004
Charles R. Fulbruge III
Clerk
No. 03-10581
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID RAY WALLACE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CR-328-ALL-R
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
David Ray Wallace appeals from his jury-trial conviction and
sentence for possession of a firearm by a felon in violation of
18 U.S.C. §§ 922(g)(1), 924(e). Wallace argues that the district
court erred in finding that he consented to a search of his
person. The evidence, viewed in the light most favorable to the
prevailing party, supports the district court’s findings and
denial of Wallace’s motion to suppress. See United States v.
*
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that this opinion should not be published and is not precedent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. 03-10581
-2-
Shelton, 337 F.3d 529, 532, petition for cert. filed, 72 U.S.L.W.
3393 (U.S. Nov. 24, 2003) (No. 03-781).
Wallace further argues that the district court erred in
enhancing his sentence pursuant to 18 U.S.C. § 924(e). This
court reviews the issue de novo. See United States v. Martinez-
Cortez, 988 F.2d 1408, 1410 (5th Cir. 1993). The presentence
report reveals that Wallace had three convictions for aggravated
robbery which served as predicate offenses for the sentence
enhancement. See United States v. Munoz, 150 F.3d 401, 419 (5th
Cir. 1998). The district court did not err.
Finally, Wallace challenges the constitutionality of 18
U.S.C. § 922(g). He concedes that his argument is foreclosed by
circuit precedent. This court has repeatedly held that 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).
AFFIRMED.