United States v. Acuna-Carbajal

* 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this opinion should not be published and is not precedent except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 20, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-41474
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICTOR ACUNA-CARBAJAL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CR-276-ALL
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Before SMITH, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Victor Acuna-Carbajal appeals his conviction and sentence
for possession with intent to distribute over 100 kilograms of
marijuana. Acuna-Carbajal contends that 21 U.S.C. § 841 is
facially unconstitutional in light of Apprendi v. New Jersey, 530
U.S. 466 (2000). As Acuna-Carbajal concedes, his argument is
foreclosed by circuit precedent. See United States v. Slaughter,
238 F.3d 580, 582 (5th Cir. 2000). He raises the issue only to

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No. 04-41474
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preserve it for Supreme Court review. The district court’s
judgment is AFFIRMED.

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