United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 9, 2006
Charles R. Fulbruge III
Clerk
No. 06-20183
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANK LAFAYETTE BIRD, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-163
--------------------
Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Frank Lafayette
Bird, Jr., raises arguments that are foreclosed by United States
v. Bird, 401 F.3d 633, 634 (5th Cir.), cert. denied, 126 S. Ct.
150 (2005), which held that the Freedom of Access to Clinic
Entrances Act is a valid exercise of Congress’s authority under
the Commerce Clause even after the Supreme Court’s decision in
United States v. Morrison, 529 U.S. 598 (2000), and by United
States v. Matthews, 312 F.3d 652, 657 (5th Cir. 2002), which held
that under the law of the case doctrine, an issue of fact or law
*
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this opinion should not be published and is not precedent except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. 06-20183
-2-
decided on appeal may not be reexamined by the appellate court on
a subsequent appeal. The Government’s motion for summary
affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.