United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS June 23, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-51386
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL THOMAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-01-CR-505-ALL
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Michael Thomas appeals his guilty plea conviction for
possession of a firearm by a convicted felon in violation of 18
U.S.C. § 922(g)(1). For the first time on appeal, Thomas
contends that 18 U.S.C. § 922(g)(1) unconstitutionally extends
federal control to firearm possession that does not substantially
affect interstate commerce. He relies primarily on the Supreme
Court’s decision in United States v. Lopez, 514 U.S. 549 (1995).
Thomas acknowledges that this court has considered and rejected
*
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this opinion should not be published and is not precedent except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. 03-51386
-2-
his argument in United States v. De Leon, 170 F.3d 494, 498-99
(5th Cir. 1999), and United States v. Rawls, 85 F.3d 240, 242
(5th Cir. 1996), but he is raising this argument to preserve it
for Supreme Court review.
In Rawls, this court held that the reasons the Supreme Court
gave in Lopez for holding 18 U.S.C. § 922(q) unconstitutional do
not apply to 18 U.S.C. § 922(g). Rawls, 85 F.3d at 242. More
recently, this court has emphasized that the constitutionality of
18 U.S.C. § 922(g) is not open to question. United States v.
Daugherty, 264 F.3d 513, 517 (5th Cir. 2001). Because Thomas’
argument is foreclosed by this court’s precedent, the district
court’s judgment is AFFIRMED.