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U.S. v. DAUGHERTY

No. 00-20871.

264 F.3d 513 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Mitchell Ray DAUGHERTY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 28, 2001.

Attorney(s) appearing for the Case

Katherine L. Haden, Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Marjorie A. Meyers, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before JOLLY, SMITH, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Mitchell Daugherty appeals his conviction of violating 18 U.S.C. § 922(g)(1) (2001), which prohibits convicted felons from possessing firearms "in and affecting" interstate commerce. We affirm.

I.

Daugherty was convicted in state court of delivery of marihuana and injury to a child and was imprisoned. In 1985, the state court released him and placed him on "shock probation" for ten years. In 1995, the court discharged...

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