United States v. Gary Powell

Case: 11-20712 Document: 00511824070 Page: 1 Date Filed: 04/17/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 17, 2012 No. 11-20712 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GARY POWELL, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-465-1 Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Gary Powell raises arguments that he concedes 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 appellant’s motion for summary disposition 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.