IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-10438 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LEROY HENDERSON, JR.,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:01-CR-113-1 -------------------- January 8, 2003

Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Leroy Henderson, Jr., appeals from his conviction and sentence

for felon in possession of a firearm in violation of

(g)(1). He raises two issues on appeal. He argues first that

(g)(1) is unconstitutional on its face and as

applied because it does not require a substantial effect on

interstate commerce. He acknowledges that his argument is

foreclosed by circuit precedent, but he seeks to preserve the issue

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-10438 -2-

for possible Supreme Court review. As Henderson concedes, this

issue is foreclosed. See United States v. Daugherty,

(5th Cir. 2001), cert. denied,

(2002); United

States v. Cavazos,

(5th Cir.), cert. denied,

(2002).

Henderson next argues that the district court erred by not

granting him a reduction in his offense level for acceptance of

responsibility under U.S.S.G. § 3E1.1. We are unpersuaded by

Henderson's argument and conclude based on our review of the trial

record that he has not met his burden of showing that the district

court's denial of the reduction was without foundation. See United

States v. Thomas,

(5th Cir. 1997); United

States v. Maldonado,

(5th Cir. 1995).

AFFIRMED.