USA vs. Hamp, (5th Cir. 2001)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-20052 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAMCEY THEOPHUS HAMP, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-619-ALL August 6, 2001 Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

PER CURIAM: * Ramcey Theophus Hamp appeals his guilty-plea conviction for being a felon in possession of a firearm possessed in and affecting interstate commerce, in vio lation of 18 U.S.C.§§ 922(g)(1) and 924(a)(2). He contends that the factual basis to which he pleaded was insufficient to support the interstate commerce element of a § 922(g)(1) offense and that t his court should reconsider its jurispruden ce regarding the constitutionality of § 922(g)(1) in lig ht of Jones v. United States , 529 U.S. 848 (2000), and U nited States v. Morrison , 529 U.S. 598 (2000). § 922(g)(1) is not open to question.” S ee United States v. De Leon , 170 F.3d 494, 499 (5th Cir.), c ert. denied , 528 U.S. 863 (1999). The cases cited by Hamp are distinguishable and do not affect this determination.

Consequently, the judgment of the district court is AFFIRMED.

No. 01-20052

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