United States v. Acosta

* 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that this opinion should not be published and is not precedent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. 02-40174
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHELLE ACOSTA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-304-1
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October 30, 2002
Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Michelle Acosta appeals her guilty-plea conviction and
sentence for possessing with the intent to distribute 25
kilograms of cocaine. Acosta contends that the sentencing scheme
of 21 U.S.C. § 841 is facially unconstitutional in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000).
As Acosta concedes, her argument is foreclosed by this
court’s decision in United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000), cert. denied., 532 U.S. 1045 (2001). She raises

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No. 02-40174
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the issue only to preserve it for Supreme Court review. The
judgment of the district court is AFFIRMED.

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