U.S. Court of Appeals for the Fifth Circuit, 2001

United States v. Alonzo

United States v. Alonzo
U.S. Court of Appeals for the Fifth Circuit · Decided August 23, 2001

United States v. Alonzo

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40060 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HUGO ALONZO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CR-316-1 -------------------- August 21, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.

PER CURIAM:* Hugo Alonzo appeals his conviction following a guilty plea to 18 U.S.C. § 922(g)(1), possession of a firearm after having been previously convicted of a felony. He argues that the factual basis of his guilty plea was insufficient to support his conviction because 18 U.S.C. § 922(g)(1) operates unconstitutionally where the only interstate commerce nexus is the mere fact that the firearm possessed had a past connection to interstate travel.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-40060 -2- We hold that United States v. Rawls, 85 F.3d 240 (5th Cir. 1996) is controlling, and, therefore, the district court committed no error.

AFFIRMED.

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