IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-51248 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RODOLFO V. ELORREAGA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-00-CR-143-1-EP -------------------- October 29, 2001

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Rodolfo V. Elorreaga appeals his guilty-plea conviction for

being a felon in possession of a firearm. Elorreaga argues that

(g)(1) is unconstitutional. Elorreaga concedes

that his arguments are foreclosed by this court’s precedent, but

he seeks to preserve the issue for Supreme Court review.

“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.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-51248 -2-

denied,

(1999). The judgment of the district court

is AFFIRMED.