Conference Calendar UNITED STATES OF AMERICA v. Walter Earl Smith, Ii

* 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should not be published and is not precedent except under the limited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. 08-10454
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
WALTER EARL SMITH, II
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:07-CR-66-ALL
Before JOLLY, BARKSDALE, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Walter Earl Smith, II
presents arguments that he concedes are foreclosed by United States v. Brown,
920 F.2d 1212, 1216-17 (5th Cir. 1991), abrogated on other grounds by United
States v. Candia, 454 F.3d 468, 472-73 (5th Cir. 2006), which held that a district
court may order a term of imprisonment to run consecutively with an unimposed
state sentence. He also presents arguments that he concedes are foreclosed by
United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001), which rejected a
United States Court of Appeals
Fifth Circuit
F I L E D
October 8, 2008
Charles R. Fulbruge III
Clerk

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No. 08-10454
2
Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18
U.S.C. § 922(g). The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.

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