United States v. Jendrzey

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 25, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41273
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH JAMES JENDRZEY,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 6:04-CR-49-ALL
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Kenneth James Jendrzey pleaded guilty to being a felon in
possession of a firearm and ammunition and was sentenced to 78
months of imprisonment and three years of supervised release.
Jendrzey appeals his conviction, arguing that 18 U.S.C.
§ 922(g)(1) is unconstitutional because it does not require a
substantial effect on interstate commerce. Alternatively, he
contends that evidence of mere movement of the ammunition across
state lines is insufficient to establish a substantial effect on

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No. 05-41273
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interstate commerce. Jendrzey concedes that his arguments are
foreclosed, but he raises them to preserve additional review.
The “constitutionality of § 922(g) is not open to question.”
United States v. Daugherty, 264 F.3d 513, 517 (5th Cir. 2001).
Evidence that a firearm or ammunition has traveled in interstate
commerce at some point in the past is sufficient to support a
conviction under § 922(g), even if the defendant possessed the
firearm or ammunition entirely intrastate. United States v. Lee,
310 F.3d 787, 788-89 (5th Cir. 2002); United States v. De Leon,
170 F.3d 494, 499 (5th Cir. 1999).
AFFIRMED.

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