USA v. Mendez, No. 08-40614 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-40614 Conference Calendar February 18, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. GUADALUPE MENDEZ, JR Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:08-CR-3-2 Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Guadalupe Mendez, Jr., presents arguments that he concedes are foreclosed by United States v. Rawls, 85 F.3d 240, 242-44 (5th Cir. 1996), which rejected a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g). See United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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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