United States v. Riascos

* 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that this opinion should not be published and is not precedent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
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20765
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS ALBERTO RIASCOS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-110-ALL
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Luis Alberto Riascos appeals his conviction and 180-month
sentence following his guilty plea conviction to one count of
possession with intent to distribute five kilograms of cocaine.
Riascos contends that 21 U.S.C. § 841 is unconstitutional in
light of the Supreme Court’s decision in Apprendi v. New Jersey,
530 U.S. 466, 488 (2000). As Riascos acknowledges, his argument
is foreclosed by this court’s precedent and is raised only to

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No. 02-20765
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preserve the issue for Supreme Court review. See United States
v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). Accordingly,
Riascos’ conviction and sentence are AFFIRMED.

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