United States v. Tamez

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21141
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE TAMEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-327-4
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jose Tamez appeals his guilty-plea conviction and sentence
for conspiracy to possess with intent to distribute marijuana and
aiding and abetting the possession with intent to distribute
marijuana. Tamez contends that 21 U.S.C. §§ 841(a), 841(b), and
846, to the extent that it incorporates 21 U.S.C. § 841, are
facially unconstitutional in light of Apprendi v. New Jersey,
530 U.S. 466 (2000).

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No. 01-21141
-2-
As Tamez concedes, his argument is foreclosed by this
court’s decision in United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000). He raises the issue only to preserve it for
Supreme Court review. The judgment of the district court is
AFFIRMED.

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