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* 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that this opinion should not be published and is not precedent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. 01-41263
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MACRINO ESPINOZA-VASQUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-00-CR-313-2
--------------------
June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Macrino Espinoza-Vasquez appeals his guilty-plea conviction
and sentence for possession of cocaine with intent to distribute.
Espinoza contends that 21 U.S.C. § 841 is unconstitutional in
light of Apprendi v. New Jersey, 530 U.S. 466 (2000). As
Espinoza concedes, his argument is foreclosed by circuit
precedent, but he raises the issue to preserve it for Supreme
Court review. See United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000), cert. denied, 532 U.S. 1045 (2001). The
judgment of the district court is AFFIRMED.
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