United States v. Dieguez-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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20706
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO EFRAIN DIEGUEZ-GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-542-1
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Antonio Efrain Dieguez-Garcia has appealed his conviction
for possession with intent to distribute 1 kilogram or more of
heroin and importation of heroin. Dieguez’ sole issue is whether
21 U.S.C. §§ 841(a)&(b), 952, and 960(a)&(b) are unconstitutional
in light of Apprendi v. New Jersey, 530 U.S. 466 (2000). Dieguez
concedes that his argument is foreclosed by this court’s
precedent; he raises the issue only to preserve it for further

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No. 02-20706
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review. See United States v. Slaughter, 238 F.3d 580, 582
(2000). The judgment is AFFIRMED.

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