United States v. Green

* 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that this opinion should not be published and is not precedent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
June 25, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41772
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MAURICE ANTHONY GREEN, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-01-CR-18
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Maurice Anthony Green, Jr. appeals his guilty plea
conviction for possession of more than fifty grams of cocaine
base with intent to distribute. Green 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). Green 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

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No. 02-41772
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broad Apprendi-based attack on the 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, Green’s argument is foreclosed.
AFFIRMED.

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