USA v. Luis Garcia, No. 09-40961 (5th Cir. 2010)

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Case: 09-40961 Document: 00511086205 Page: 1 Date Filed: 04/20/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40961 Conference Calendar April 20, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LUIS ROBERTO GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-917-1 Before SMITH, PRADO, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Luis Roberto Garcia presents 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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