IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-21168 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KEVIN REESE BROWN,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-396-1 -------------------- October 26, 2001

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Kevin Reese Brown appeals his guilty-plea conviction for

being a felon in possession of a firearm possessed in and

affecting interstate commerce, in violation of

(g)(1) and 924(a)(2). He contends that the factual basis

to which he pleaded was insufficient to support the interstate

commerce element of a § 922(g)(1) offense and that this court

should reconsider its jurisprudence regarding the

constitutionality of § 922(g)(1) in light of Jones v. United

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-21168 -2-

States,

(2000), and United States v. Morrison,

(2000).

“This court has repeatedly emphasized that the

constitutionality of § 922(g)(1) is not open to question.” See

United States v. De Leon,

(5th Cir.), cert.

denied,

(1999). The cases cited by Brown are

distinguishable and do not affect this determination.

Consequently, the judgment of the district court is AFFIRMED.