United States v. Sanchez-Perez

* 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that this opinion should not be published and is not precedent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. 02-41367
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JACINTO SANCHEZ-PEREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CR-122-1
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Jacinto Sanchez-Perez appeals his guilty plea conviction for
possession with intent to distribute cocaine. Sanchez-Perez
argues that 21 U.S.C. §§ 841 (a) and (b) were rendered facially
unconstitutional by Apprendi v. New Jersey, 530 U.S. 466, 490
(2000). Sanchez-Perez concedes that his argument is foreclosed
by our opinion in United States v. Slaughter, 238 F.3d 580, 581-
82 (5th Cir. 2000)(revised opinion), cert. denied, 532 U.S. 1045
(2001), which rejected a broad Apprendi-based attack on the

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No. 02-41367
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constitutionality of that statute. He raises the issue only to
preserve it for Supreme Court review. A panel of this court
cannot overrule a prior panel’s decision in the absence of an
intervening contrary or superseding decision by this court
sitting en banc or by the United States Supreme Court. Burge v.
Parish of St. Tammany, 187 F.3d 452, 466 (5th Cir. 1999). No
such decision overruling Slaughter exists. Accordingly, Sanchez-
Perez’s argument is foreclosed.
AFFIRMED.

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