IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-30473 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES CHARLIE STANLEY, JR., Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 98-CR-106-1 -------------------- January 4, 2000 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:* James Charlie Stanley, Jr., appeals his jury-trial conviction for interference with commerce by robbery. Stanley makes interrelated arguments that the evidence was insufficient to prove beyond a reasonable doubt that the robbery affected interstate commerce and that the Hobbs Act is unconstitutional as applied to his case because the robbery had only a de minimis effect upon interstate commerce. Stanley’s arguments are foreclosed by prior decisions of this court. See United States v. Jennings, F.3d , 1999 WL 1021244 at *5 (5th Cir. Nov.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-30473 -2- 10, 1999, No. 98-20437); United States v. Robinson, 119 F.3d 1205 (5th Cir. 1997), cert. denied, 118 S. Ct. 1104 (1998).

AFFIRMED.