USA v. Chevis Hall, No. 10-11206 (5th Cir. 2011)

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Case: 10-11206 Document: 00511639968 Page: 1 Date Filed: 10/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-11206 Conference Calendar October 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CHEVIS ALLEON HALL, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:09-CR-267-1 Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Chevis Alleon Hall 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), 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 in his possession had an interstate nexus and that he was a felon. In addition, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-11206 Document: 00511639968 Page: 2 Date Filed: 10/21/2011 No. 10-11206 Hall presents arguments that he concedes are foreclosed by United States v. Rose, 587 F.3d 695, 705-06 & n.9 (5th Cir. 2009), cert. denied, 130 S. Ct. 1915 (2010), which held that Flores-Figueroa v. United States, 129 S. Ct. 1886 (2009) did not alter the proof required in a § 922(g)(1) case. Accordingly, the Government s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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