United States v. Garcia

* 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that this opinion should not be published and is not precedent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. 01-40362
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERT GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-441-1
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February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Albert Garcia appeals his guilty-plea conviction and
sentence for conspiring to possess with the intent to distribute
1,000 kilograms or more of marijuana. Garcia contends that 21
U.S.C. §§ 841(b)(1)(A) & (B) are facially unconstitutional in
light of Apprendi v. New Jersey, 530 U.S. 466 (2000), and that
the two prior felony convictions used to enhance his sentence are
elements of his offense that had to be alleged in the indictment.

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No. 01-40362
-2-
As Garcia concedes, his arguments are foreclosed by binding
precedent. See United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000), cert. denied., 121 S. Ct. 2015 (2001);
Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998).
The judgment of the district court is AFFIRMED.

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