USA v. Davis, No. 06-51512 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 06-51512 Conference Calendar January 30, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. NITEROI DAVIS Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:06-CR-124-ALL Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Niteroi Davis presents arguments that are foreclosed by United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), and United States v. Rawls, 85 F.3d 240, 242-44 (5th Cir. 1996), which rejected Commerce Clause challenges to the felon-in-possession-of-afirearm statute, 18 U.S.C. § 922(g). See United States v. Guidry, 406 F.3d 314, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 07-51512 318-19 (5th Cir. 2005). The Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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