United States v. Duran

* 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that this opinion should not be published and is not precedent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. 01-41090
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BALDOMERO DURAN, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-01-CR-375-1
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August 21, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Baldomero Duran, Jr., appeals his conviction following his
guilty plea to importing 21 kilograms of marijuana in violation
of 21 U.S.C. §§ 952(a) and 960(b)(4). Duran argues that §§ 952
and 960 are facially unconstitutional in light of Apprendi v. New
Jersey, 530 U.S. 466 (2000). He acknowledges that his argument
is foreclosed by this court’s decision in United States v.
Slaughter, 238 F.3d 580, 582 (5th Cir. 2000), cert. denied, 532

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No. 01-41090
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U.S. 1045 (2001), but raises the issue only to preserve it for
review in the Supreme Court.
Slaughter applies by analogy to the instant case because the
statutes at issue are similar in structure and content. One
panel of this court may not overrule another. See United States
v. Fowler, 216 F.3d 459, 461 (5th Cir.), cert. denied, 531 U.S.
960 (2000).
The judgment of the district court is AFFIRMED.

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