IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20069 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE GUADALUPE RIVERA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-423-1 -------------------- February 20, 2003

Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Jose Guadalupe Rivera appeals his conviction of being a

felon in possession of a firearm. He argues that

(g)(1) is facially unconstitutional because it does not

require a “substantial” effect on interstate commerce. He also

contends that, if a substantial effect on interstate commerce is

required for a

(g)(1) conviction, his indictment

and the evidence supporting his conviction were insufficient.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-20069 -2-

Rivera correctly acknowledges that his arguments are

foreclosed by this court’s precedent. See United States v.

Daugherty,

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

(2002). His conviction is AFFIRMED.