United States v. Mario DelaGarza

U.S. Court of Appeals for the Fifth Circuit
United States v. Mario DelaGarza, 411 F. App'x 749 (5th Cir. 2011)

United States v. Mario DelaGarza

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Mario Arturo DelaGarza presents arguments that he concedes are foreclosed by United. States v. Daugherty, 264 F.Sd 513, 518 (5th Cir. 2001), which rejected a Commerce Clause challenge to 18 U.S.C. § 922(g)(1), and United States v. Dancy, 861 F.2d 77, 81-82 (5th Cir. 1988), which held that a conviction under § 922(g) does not require proof that the defendant knew that the firearm had an interstate nexus or that he was a felon. The Government’s motion for summary affirmance is GRANTED, its alternative motions to dismiss and for an extension of time to file a brief are DENIED, and the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Mario Arturo DELAGARZA, Defendant-Appellant
Status
Unpublished