United States v. Hernandez

* 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this opinion should not be published and is not precedent except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
December 14, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40505
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN JOSE HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-836-ALL
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Juan Jose Hernandez (Hernandez) pleaded guilty to possession
with intent to distribute more than 100 kilograms of marijuana
and was sentenced to 60 months of imprisonment and a five-year
term of supervised release. Hernandez argues for the first time
on appeal that the provisions found in 21 U.S.C. § 841(a) and (b)
are unconstitutional under Apprendi v. New Jersey, 530 U.S. 466
(2000). As he concedes, this issue is foreclosed. See United

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No. 05-40505
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States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
Therefore, the judgment of the district court is AFFIRMED.

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