USA v. Mario DelaGarza, No. 10-10458 (5th Cir. 2011)

Annotate this Case

Download PDF

Case: 10-10458 Document: 00511382634 Page: 1 Date Filed: 02/15/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-10458 Conference Calendar February 15, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARIO ARTURO DELAGARZA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 6:09-CR-52-1 Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Mario Arturo DelaGarza 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 18 U.S.C. § 922(g)(1), and United States v. Dancy, 861 F.2d 77, 81-82 (5th Cir. 1988), which held that a conviction under § 922(g) does not require proof that the defendant knew that the firearm had an interstate nexus or that he was a felon. The Government s motion for summary affirmance is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10458 Document: 00511382634 Page: 2 Date Filed: 02/15/2011 No. 10-10458 GRANTED, its alternative motions to dismiss and for an extension of time to file a brief are DENIED, and the judgment of the district court is AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.