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U.S. v. DARRINGTON

No. 03-20052.

351 F.3d 632 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny DARRINGTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 18, 2003.

Attorney(s) appearing for the Case

John Richard Berry (argued), and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Laura Fletcher Leavitt (argued) and Raquel Kathy Wilson, Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before REAVLEY, HIGGINBOTHAM and BENAVIDES, Circuit Judges.

REAVLEY, Circuit Judge:

Johnny Darrington challenges the constitutionality of the felon in possession statute, 18 U.S.C. § 922(g)(1). The statute makes it unlawful for any person

who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year ... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which...

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