United States v. Gonzalez

* 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that this opinion should not be published and is not precedent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. 01-41053
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO GONZALEZ, also known as Juan Jorge De Hoyos,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-00-CR-447-1
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August 21, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Ricardo Gonzalez appeals his conviction for possession with
intent to distribute cocaine. He contends that 21 U.S.C. § 841
is facially unconstitutional in light of Apprendi v. New Jersey,
530 U.S. 466 (2000).
As Gonzalez concedes, his argument is foreclosed by circuit
precedent. See United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000), cert. denied., 532 U.S. 1045 (2001). He raises

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No. 01-41053
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the issue only to preserve it for Supreme Court review. The
judgment of the district court is AFFIRMED.

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