United States v. Garcia

* 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this opinion should not be published and is not precedent except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. 05-20690
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CRUZ JOEL GARCIA, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:05-CR-88-ALL
--------------------
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Cruz Joel Garcia, Jr., appeals his guilty-plea conviction
for possession of a firearm by a convicted felon in violation of
18 U.S.C. § 922(g)(1).
Garcia contends that § 922(g)(1) is unconstitutional on its
face because it does not require a substantial effect on
interstate or foreign commerce. Alternatively, he contends that
the factual basis for his plea was insufficient because the mere
movement of a firearm from one state or country to another at
some undetermined time in the past does not constitute a

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No. 05-20690
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substantial effect on interstate or foreign commerce. Garcia
raises these arguments solely to preserve them for possible
Supreme Court review. As he acknowledges, they are foreclosed by
existing Fifth Circuit precedent. See United States v. Guidry,
406 F.3d 314, 318-19 (5th Cir.), cert. denied, 126 S. Ct. 190
(2005); United States v. Daugherty, 264 F.3d 513, 518 (5th Cir.
2001).
AFFIRMED.

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