IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10275 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DWAYNE PATTON, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CR-310-H - - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:* Dwayne Patton has appealed his conviction of having violated 18 U.S.C. § 922(g)(1). His contention that the statute is unconstitutional as applied to him lacks merit. United States v. Rawls, 85 F.3d 240 (5th Cir. 1996). Patton’s contention that the evidence was insufficient, based on credibility choices made by the jury, is frivolous. See United States v. Robles-Pantoja, 887 F.2d 1250, 1254-55 (5th Cir. 1989).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

JUDGMENT AFFIRMED.