United States v. Gilberto Ramirez
Opinion
Gilberto Ramirez pleaded guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1), and he was sentenced to 62 months of imprisonment and three years of supervised release. Represented by the Federal Public Defender, Ramirez raises an argument, in order to preserve the issue for further review, that he correctly concedes is foreclosed by circuit precedent. Ramirez’s Commerce Clause challenge to the constitutionality of § 922(g)(i) is foreclosed, and “ ‘the constitutionality of § 922(g) is not open to question.’ ” United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001) (quoting United States v. De Leon, 170 F.3d 494, 499 (5th Cir. 1999)).
The appellant’s motion for summary disposition is GRANTED, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Gilberto RAMIREZ, Defendant-Appellant
- Status
- Unpublished