Case: 16-40066 Document: 00513722144 Page: 1 Date Filed: 10/18/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40066
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 18, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
FRANCISCO DE LA CRUZ-TREVINO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-292-1
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Francisco De La Cruz-
Trevino raises an argument that is foreclosed by United States v. Daugherty,
264 F.3d 513, 518 (5th Cir. 2001). In Daugherty, we rejected a Commerce
Clause challenge to 18 U.S.C. § 922(g) and held that “the constitutionality of
§ 922(g) is not open to question.” Daugherty, 264 F.3d at 518 (internal
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-40066 Document: 00513722144 Page: 2 Date Filed: 10/18/2016
No. 16-40066
quotation marks and citation omitted). Accordingly, the motion for summary
disposition is GRANTED, and the judgment of the district court is AFFIRMED.
2