United States v. Zarate

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41084
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLAUDIO ZARATE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-9-01
--------------------
Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Claudio Zarate appeals his guilty-plea conviction and
sentence for possession with the intent to distribute marijuana.
Zarate contends that the sentencing scheme of 21 U.S.C. § 841 is
facially unconstitutional in light of Apprendi v. New Jersey, 530
U.S. 466 (2000). This argument is foreclosed by United States v.
Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). Zarate raises the
issue only to preserve it for Supreme Court review. The judgment
of the district court is AFFIRMED.
United States Court of Appeals
Fifth Circuit
F I L E D
August 18, 2004
Charles R. Fulbruge III
Clerk

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