United States v. Oliva-Lopez

* 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that this opinion should not be published and is not precedent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
August 20, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40097
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER OLIVA-LOPEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-859-ALL
--------------------
Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Javier Oliva-Lopez (Oliva) appeals his guilty-plea
conviction and sentence for possessing with the intent to
distribute less than 50 kilograms of marijuana. Oliva contends
that the sentencing scheme of 21 U.S.C. § 841 is facially
unconstitutional in the light of Apprendi v. New Jersey, 530 U.S.
466, 490 (2000).
As Oliva concedes, his argument is foreclosed by this
court’s decision in United States v. Slaughter, 238 F.3d 580, 582

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No. 03-40097
-2-
(5th Cir. 2000). He raises the issue only to preserve it for
possible Supreme Court review. The judgment of the district
court is AFFIRMED.

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