United States v. Diaz

¶1 Appealing the judgment in a criminal case, Bobby Ray Diaz presents arguments that he concedes are foreclosed by United States v. Daugherty, 264 F.3d 513, 518 (5th Cir.2001), which rejected a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g). In addition, Diaz raises arguments that he concedes are foreclosed by United States v. Avants, 278 F.3d 510, 522 (5th Cir.2002), which held that, although the appellant was in state custody and was represented by counsel, the Sixth Amendment right to counsel did not attach with respect to a federal charge for which the appellant had not yet been indicted. The Government’s motion for summary affir-mance is GRANTED, and the judgment of the district court is AFFIRMED.