
    UNITED STATES of America, Plaintiff-Appellee v. Russell CATES, Defendant-Appellant.
    No. 09-10984
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 15, 2011.
    James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.
    Jason Douglas Hawkins, Federal Public Defender, Sam L. Ogan, Assistant Federal Public Defender, Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.
    Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Russell Cates 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 18 U.S.C. § 922(g)(1), and United States v. Dancy, 861 F.2d 77, 81-82 (5th Cir.1988), which held that a conviction under § 922(g) does not require proof that the defendant knew that the firearm had an interstate nexus or that he was a felon. Cates also raises arguments that he concedes are foreclosed by United States v. Brown, 920 F.2d 1212, 1216-17 (5th Cir.1991), abrogated on other grounds by United States v. Candia, 454 F.3d 468, 472-73 (5th Cir.2006), which held that a district court may order a term of imprisonment to run consecutively to an unimposed state sentence.

Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.
     