U.S. v. Miller

Full title: UNITED STATES of America, Plaintiff-Appellee v. Allen Robert MILLER, Jr.…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 15, 2011

417 F. App'x 392 (5th Cir. 2011)

Opinion

No. 10-50578 Conference Calendar.

February 15, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 1:10-CR-107-1.

Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the judgment in a criminal case, Allen Robert Miller, Jr., presents arguments that he concedes are foreclosed. See United States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001) (rejecting Commerce Clause-based challenge to 18 U.S.C. § 922(g)(1)); United States v. De Leon, 170 F.3d 494, 499 (5th Cir. 1999) (same); United States v. Rawls, 85 F.3d 240, 242 (5th Cir. 1996) (same). The Government's motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.