USA v. Lavarry Carter, No. 12-20320 (5th Cir. 2013)

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Case: 12-20320 Document: 00512146715 Page: 1 Date Filed: 02/19/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-20320 Conference Calendar February 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LAVARRY JOSEPH CARTER, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-573-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Lavarry Joseph Carter raises an argument that he concedes is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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