United States v. Mota

* 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this opinion should not be published and is not precedent except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
December 14, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20250
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAFAEL MOTA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-276-5
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Rafael Mota pleaded guilty without a plea agreement to
aiding and abetting and conspiracy to possess with intent to
distribute one kilogram or more of a mixture or substance
containing a detectable amount of heroin and was sentenced to 46
months of imprisonment. Mota argues that 21 U.S.C. § 841 is
facially unconstitutional in light of Apprendi v. New Jersey, 530
U.S. 466 (2000). As Mota concedes, his argument is foreclosed by
circuit precedent. See United States v. Slaughter, 238 F.3d 580,

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No. 05-20250
-2-
582 (5th Cir. 2000). He raises the issue only to preserve it for
Supreme Court review. The district court’s judgment is
AFFIRMED.

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