United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-20957
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEQUINCY GERALD TOWNSEND,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-03-CR-136-ALL
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Dequincy Gerald Townsend appeals his guilty plea conviction
for being a felon in possession of a firearm. Townsend argues
that 18 U.S.C. § 922(g) is an unconstitutional infringement on
his fundamental Second Amendment right to keep and bear arms. He
also argues that 18 U.S.C. § 922(g) is unconstitutional on its
face because the statute does not require a “substantial” effect
on interstate commerce. Alternatively, he argues that there is
an insufficient factual basis for a violation of this statute.
*
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that this opinion should not be published and is not precedent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. 03-20957
-2-
Townsend concedes that various panels of this court have rejected
his arguments, and he raises these issues only to preserve them
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 exists. Accordingly,
Townsend’s arguments are 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.