United States v. Guajardo

* 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that this opinion should not be published and is not precedent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
October 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40019
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ANGEL GUAJARDO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-02-CR-252-ALL
--------------------
Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Jose Angel Guajardo appeals from his guilty-plea conviction
for possession with intent to distribute more than 500 grams of
cocaine. Guajardo contends for the first time on appeal that
21 U.S.C. § 841 is unconstitutional in view of Apprendi v. New
Jersey, 530 U.S. 466 (2000). Guajardo acknowledges that his
argument is foreclosed by United States v. Slaughter, 238 F.3d
580, 582 (5th Cir. 2000), but he seeks to preserve his argument
for further review. The judgment of the district court is
AFFIRMED.

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