United States v. Randles

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10657
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RONNIE GENE RANDLES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:99-CR-82-1-G
--------------------
February 13, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Ronnie Gene Randles appeals from his conviction of
possession with intent to distribute cocaine base. Randles
contends solely that 21 U.S.C. § 841 was rendered facially
unconstitutional by Apprendi v. New Jersey, 120 S. Ct. 2348
(2000), because Congress intended for drug types and quantities
to be sentencing factors, not elements of the drug offenses
listed in § 841(a).
Randles raises his Apprendi contention for the first time on
appeal. His contention therefore is reviewed under the plain-

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No. 00-10657
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error standard. United States v. Calverley, 37 F.3d 160, 162-64
(5th Cir. 1994)(en banc).
Apprendi did not render § 841 facially invalid. United
States v. Slaughter, ___ F.3d ___ (5th Cir. Jan. 12, 2001), 2000
WL 1946670, *1. Randles therefore has shown no error, plain or
otherwise.
APPEAL DISMISSED. 5TH CIR. R. 42.2.

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