United States v. Chavez

* 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this opinion should not be published and is not precedent except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
August 17, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-41686
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDUARDO EFRAIN CHAVEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-1215-ALL
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Eduardo Efrain Chavez appeals his guilty-plea conviction and
sentence for possession of more than 1,000 kilograms of marijuana
with intent to distribute, in violation of 21 U.S.C. § 841(a) and
(b)(1)(A). He argues that the sentencing provisions of 21 U.S.C.
§ 841(b) are unconstitutional in light of Apprendi v. New Jersey,
530 U.S. 466, 490 (2000). Chavez concedes that his argument is
foreclosed by our opinion in United States v. Slaughter, 238 F.3d
580, 581-82 (5th Cir. 2000). See United States v. Valenzuela-
Quevedo, 407 F.3d 728, 731 (5th Cir. 2005), petition for cert.

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No. 04-41686
-2-
filed (July 25, 2005)(No. 05-5556). He raises the issue only to
preserve it for further review. Accordingly, Chavez’s argument
is foreclosed, and the judgment of the district court is
AFFIRMED.

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