Filed: Aug. 23, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-10032 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HIEU TRUNG TRAN, also known as Hieu Tran Trung, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:00-CR-59-ALL-C - August 21, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges. PER CURIAM:* Hieu Trung Tran appeals his conviction for being a felon in possession of a firea
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-10032 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HIEU TRUNG TRAN, also known as Hieu Tran Trung, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:00-CR-59-ALL-C - August 21, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges. PER CURIAM:* Hieu Trung Tran appeals his conviction for being a felon in possession of a firear..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10032
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HIEU TRUNG TRAN, also known as
Hieu Tran Trung,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:00-CR-59-ALL-C
--------------------
August 21, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Hieu Trung Tran appeals his conviction for being a felon in
possession of a firearm. Tran argues that 18 U.S.C. § 922(g)(1)
is unconstitutional on its face because it fails to require a
“substantial effect” on interstate commerce. Tran concedes that
his arguments are foreclosed by this court’s precedent but
invites the court to reconsider the issue in light of the Supreme
Court’s decisions in United States v. Morrison,
529 U.S. 598
(2000), and Jones v. United States,
529 U.S. 848 (2000).
*
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that this opinion should not be published and is not precedent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.
No. 01-10032
-2-
The “in or affecting commerce” element of 18 U.S.C.
§ 922(g)(1) requires only a minimal nexus between the firearm and
interstate commerce. United States v. Gresham,
118 F.3d 258, 265
(5th Cir. 1997). This element is satisfied because the firearms
possessed by Tran previously traveled in interstate commerce.
United States v. Rawls,
85 F.3d 240, 242 (5th Cir. 1996). The
recent decisions by the Supreme Court do not alter this court’s
jurisprudence regarding 18 U.S.C. § 922(g)’s minimal interstate-
nexus or knowledge requirements. Accordingly, Tran’s conviction
is AFFIRMED.