United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 25, 2006
Charles R. Fulbruge III
Clerk
No. 05-20651
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY JAMES SOLOMON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-429-4
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Larry James Solomon entered a guilty plea to a charge of
possession of a firearm by a felon and was sentenced to 96 months
of imprisonment and three years of supervised release. He argues
that the statute of conviction, 18 U.S.C. § 922(g)(1), is
unconstitutional as applied because the statute requires a
substantial effect on interstate commerce and the factual basis
for his plea established only that the firearm traveled in
interstate commerce at some point in the past. Solomon concedes
that his constitutional challenge is foreclosed by circuit
*
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this opinion should not be published and is not precedent except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. 05-20651
-2-
precedent, and he raises it only to preserve its further review
by the Supreme Court. We have indeed held that “the
constitutionality of § 922(g) is not open to question,” United
States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001) (internal
quotation marks and citation omitted), and, additionally, that
the Government need only establish that the firearm was
manufactured out of state to satisfy the interstate commerce
element of the offense. See United States v. Guidry, 406 F.3d
314, 318-19 (5th Cir.), cert. denied, 126 S. Ct. 190 (2005).
AFFIRMED.