United States v. Najera-Guerra

* 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that this opinion should not be published and is not precedent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. 02-20874
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODOLFO ALFREDO NAJERA-GUERRA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-885-1
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Rodolfo Alredo Najera-Guerra appeals his conviction
following his guilty plea to importing more than 100 grams of
heroin in violation of 21 U.S.C. §§ 952(a) and 960(a)(1) and
(b)(2)(A). Najera argues 21 U.S.C. §§ 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

-- 1 of 2 --

No. 02-20874
-2-
(5th Cir. 2000), 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. 2000).
The judgment of the district court is AFFIRMED.

-- 2 of 2 --