United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS August 17, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-11176
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PAUL WAYNE HOLT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:01-CR-340-ALL-L
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Paul Wayne Holt appeals following his guilty plea to using,
carrying, and possessing a firearm during and in relation to a
drug trafficking offense, in violation of 18 U.S.C.
§ 924(c)(1)(A) & (B), and to unlawful possession of a weapon by a
convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and
924(a)(2). The Government argues that we lack appellate
jurisdiction because Holt's notice of appeal failed to designate
the final judgment as the order being appealed. We conclude that
*
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this opinion should not be published and is not precedent except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. 03-11176
-2-
we have appellate jurisdiction. See United States v. Knowles, 29
F.3d 947, 949-50 (5th Cir. 1994).
Holt argues that the factual basis for his guilty plea was
insufficient to support the interstate commerce element of the
felon-in-possession offense because the parties stipulated only
that the firearms had previously been shipped and transported in
interstate commerce at some unspecified date. He acknowledges
that his argument is foreclosed by Fifth Circuit precedent and
states that he raises the claim to preserve it for possible
Supreme Court review. Holt's claim is foreclosed by circuit
precedent. See United States v. Cavazos, 288 F.3d 706, 712-13
(5th Cir.), cert. denied, 537 U.S. 910 (2002); United States v.
Daugherty, 264 F.3d 513, 518 & n.12 (5th Cir. 2001).
Accordingly, the district court's judgment is AFFIRMED.