United States v. Zamora-Quintanilla

* 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that this opinion should not be published and is not precedent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
February 18, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40233
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SALVADOR ZAMORA-QUINTANILLA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-937-8
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Salvador Zamora-Quintanilla appeals his guilty plea
conviction and sentence for conspiracy to possess with intent to
distribute more than ten kilograms of cocaine in violation of 21
U.S.C. §§ 846, 841(a)(1). He argues that 21 U.S.C. § 841 is
unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466
(2000). Zamora-Quintanilla concedes that this court rejected his
argument in United States v. Slaughter, 238 F.3d 580, 582 (5th
Cir. 2000), but asserts that he is raising it to preserve it for

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No. 02-40233
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Supreme Court review. As the argument is foreclosed by circuit
precedent, the judgment of the district court is AFFIRMED.

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