United States v. Byrd

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 6, 2006 Charles R. Fulbruge III Clerk No. 05-11021 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES LEMARC BYRD, also known as Mark Byrd, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 7:04-CR-22-ALL -------------------- Before REAVLEY, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, James LeMarc Byrd raises arguments that are foreclosed by United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), which rejected a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.