Filed: Apr. 16, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 16, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-20603 Summary Calendar UNITED STATES OF AMERICA, Plaintiff- Appellee, versus KEDRON TROY FANIEL, Defendant- Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-590-ALL - Before JONES, STEWART and DENNIS, Circuit Judges. PER CURIAM:* Kedron Troy Faniel appeals his guilty-plea
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 16, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-20603 Summary Calendar UNITED STATES OF AMERICA, Plaintiff- Appellee, versus KEDRON TROY FANIEL, Defendant- Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-590-ALL - Before JONES, STEWART and DENNIS, Circuit Judges. PER CURIAM:* Kedron Troy Faniel appeals his guilty-plea ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
April 16, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-20603
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-
Appellee,
versus
KEDRON TROY FANIEL,
Defendant-
Appellant.
----------------------------------------------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-590-ALL
----------------------------------------------------------
Before JONES, STEWART and DENNIS, Circuit Judges.
PER CURIAM:*
Kedron Troy Faniel appeals his guilty-plea conviction and sentence for being a felon in
possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He contends that the
district court erred by enhancing his sentence under U.S.S.G. § 2K2.1(b)(5) because the evidence was
insufficient to show that he had possessed the firearm in connect ion with the Texas felony of
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
unauthorized use of a motor vehicle. He contends that the factual basis for the “interstate commerce”
element of 18 U.S.C. § 922(g) was insufficient to support the guilty plea. He concedes that this latter
issue is foreclosed by this court’s precedent, but he seeks to preserve the issue for Supreme Court
review.
The district court did not err in enhancing Faniel’s sentence under U.S.S.G. § 2K2.1(b)(5).
The undisputed facts set forth in the presentence report provided sufficient circumstantial evidence
that Faniel knew he did not have the owner’s consent to operate the vehicle he was driving at the time
of the arrest, in which the firearm was found. See United States v. Davis, 76 F.3d 82, 84 (5th Cir.
1996); TEX. PENAL CODE § 31.07(a); White v. State,
844 S.W.2d 929, 932 (Tex. App. 1992).
The interstate commerce element of 18 U.S.C. § 922(g)(1) is satisfied by the possession of
a firearm that was manufactured in a different state or country. United States v. Daugherty, 264 F.3d
513, 518 & n.12 (5th Cir. 2001), cert. denied,
534 U.S. 1150 (2002). This element is satisfied
because the firearm possessed by Faniel previously traveled in interstate commerce. See United
States v. Rawls,
85 F.3d 240, 242-43 (5th Cir. 1996). As one panel of this court may not overrule
or ignore a prior panel decision, see United States v. Ruiz,
180 F.3d 675, 676 (5th Cir. 1999), this
issue is foreclosed.
AFFIRMED.
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