USA v. Tevin Wright, No. 15-10892 (5th Cir. 2016)

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The court issued a subsequent related opinion or order on March 15, 2017.

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Case: 15-10892 Document: 00513455900 Page: 1 Date Filed: 04/07/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10892 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 7, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TEVIN RASHAD WRIGHT, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-116 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Tevin Rashad Wright challenges the sufficiency of the factual basis for his guilty plea to possession of a firearm by a convicted felon under 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He contends that the Supreme Court’s decision in McFadden v. United States, 135 S. Ct. 2298 (2015), calls into question our holding in United States v. Dancy, 861 F.2d 77, 81-82 (5th Cir. 1988), that the offense does not require knowledge of a firearm’s interstate nexus. Because 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10892 Document: 00513455900 Page: 2 Date Filed: 04/07/2016 No. 15-10892 McFadden does not unequivocally direct this court to overrule Dancy, “we are not at liberty to overrule our settled precedent.” United States v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013). The judgment of the district court is AFFIRMED. The Government’s motion for summary affirmance is DENIED. See United States v. Holy Land Found. for Relief, 445 F.3d 771, 781 (5th Cir. 2006). Its alternative motion for an extension of time is DENIED as unnecessary. 2

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