United States v. Ramirez

* 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that this opinion should not be published and is not precedent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
October 6, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40176
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEONARDO RAMIREZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-115-1
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Leonardo Ramirez appeals his guilty-plea conviction for
possession with intent to distribute more than five kilograms of
cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). He
argues that 21 U.S.C. § 841 is unconstitutional in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000). Both Ramirez and
the Government have also addressed whether there is a timely
notice of appeal presently before this court.

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No. 03-40176
-2-
Even if jurisdiction exists, Ramirez cannot prevail in this
appeal. Ramirez acknowledges that his argument that Apprendi
rendered 21 U.S.C. § 841 unconstitutional is foreclosed by
circuit precedent, but he wishes to preserve the issue for
Supreme Court review. Ramirez’s argument is foreclosed. See
United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
Accordingly, we pretermit the jurisdictional issue in this case,
and the judgment of the district court is AFFIRMED. See United
States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000); United
States v. Weathersby, 958 F.2d 65, 66 (5th Cir. 1992).

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