Conference Calendar UNITED STATES OF AMERICA v. Michael Serna

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-51698
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MICHAEL SERNA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:06-CR-301-ALL
Before JOLLY, DAVIS, and WIENER, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Michael Serna presents
arguments that he concedes are foreclosed by United States v. Rawls, 85 F.3d
240, 242-44 (5th Cir. 1996), which rejected a Commerce Clause challenge to the
felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g). See United States
v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001). Although Serna argued in a
supplemental brief that his prior Texas convictions for delivery of cocaine are not
United States Court of Appeals
Fifth Circuit
F I L E D
October 3, 2007
Charles R. Fulbruge III
Clerk

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No. 06-51698
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controlled substance offenses, he has since supplemented the record with
documents that he concedes establish that the convictions are controlled
substance offenses. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.

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