United States v. Danny Covington

U.S. Court of Appeals for the Fifth Circuit
United States v. Danny Covington, 446 F. App'x 707 (5th Cir. 2011)
Benavides, Dennis, Per Curiam, Southwick

United States v. Danny Covington

Opinion

PER CURIAM: *

*708 Appealing the judgment in a criminal case, Danny Covington presents arguments that he concedes are foreclosed by United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), which rejected a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g), 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 in his possession had an interstate nexus and that he was a felon. In addition, Covington presents arguments that are foreclosed by United States v. Rose, 587 F.3d 695, 705-06 & n. 9 (5th Cir. 2009), cert. denied, — U.S.-, 130 S.Ct. 1915, 176 L.Ed.2d 387 (2010), which held that Flores-Figueroa v. United States, 556 U.S. 646, 129 S.Ct. 1886, 173 L.Ed.2d 853 (2009), did not alter the proof required in a § 922(g)(1) case. Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is 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 *708 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. Danny COVINGTON, Defendant-Appellant
Status
Unpublished