Case: 13-40625 Document: 00512495095 Page: 1 Date Filed: 01/09/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-40625 January 9, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GILBERTO RAMIREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-1985-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Gilberto Ramirez pleaded guilty to possession of a firearm by a convicted
felon in violation of 18 U.S.C. § 922(g)(1), and he was sentenced to 62 months
of imprisonment and three years of supervised release. Represented by the
Federal Public Defender, Ramirez raises an argument, in order to preserve the
issue for further review, that he correctly concedes is foreclosed by circuit
precedent. Ramirez’s Commerce Clause challenge to the constitutionality of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40625 Document: 00512495095 Page: 2 Date Filed: 01/09/2014
No. 13-40625
§ 922(g)(1) is foreclosed, and “‘the constitutionality of § 922(g) is not open to
question.’” United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001)
(quoting United States v. De Leon, 170 F.3d 494, 499 (5th Cir. 1999)).
The appellant’s motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.
2
United States v. Gilberto Ramirez
Combined Opinion