IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20303 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EMILIO DANIEL PARKER,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-631-1 -------------------- December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Emilio Daniel Parker appeals his conviction and sentence

following his guilty plea for being a felon in possession of a

firearm. Parker argues that

(g)(1) is

unconstitutional on its face and as applied in his case. Parker

does not dispute that the firearm that he possessed in Texas was

manufactured in another state. However, he argues that the mere

passage over state lines at some unspecified time in the past is

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-20303 -2-

not sufficient to establish the firearm’s nexus with interstate

commerce.

Parker concedes that the court has upheld the

constitutionality of

(g)(1) and has rejected his

argument that the mere movement of a firearm across state lines

does not constitute a substantial effect on interstate commerce.

See United States v. Rawls,

(5th Cir. 1996);

United States v. Daugherty,

(5th Cir. 2001),

cert. denied,

(2002). He argues that he is raising

these issues to preserve them for further review.

This court is bound by its precedent absent an intervening

Supreme Court decision or a subsequent en banc decision. See

United States v. Short,

(5th Cir. 1999).

Parker’s conviction is AFFIRMED.