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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that this opinion should not be published and is not precedent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. 01-41271
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERARDO MUNIZ, also known as Jesus Mario
Aguillon,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-189-1
--------------------
June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Gerardo Muniz appeals his guilty-plea conviction and
sentence for possessing with the intent to distribute
approximately 70 kilograms of marijuana. Muniz contends that
21 U.S.C. § 841 is facially unconstitutional in light of Apprendi
v. New Jersey, 530 U.S. 466 (2000).
As Muniz concedes, his argument is foreclosed by circuit
precedent. See United States v. Slaughter, 238 F.3d 580, 582
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No. 01-41271
-2-
(5th Cir. 2000), cert. denied, 532 U.S. 1045 (2001). The
judgment of the district court is AFFIRMED.
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