Testo completo
* 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that this opinion should not be published and is not precedent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
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41195
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME ARMANDO HERNANDEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-01-CR-804-1
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Jaime Armando Hernandez appeals his guilty-plea conviction
for importing more than 50 kilograms of marihuana in violation
of 21 U.S.C. §§ 952(a) and 960(a)(1),(b)(3). Hernandez argues
that 21 U.S.C. §§ 952 and 960 are facially unconstitutional in
light of Apprendi v. New Jersey, 530 U.S. 466 (2000). He
acknowledges that his argument is foreclosed by this court’s
decision in United States v. Slaughter, 238 F.3d 580, 582 (5th
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No. 02-41195
-2-
Cir. 2000), and he raises the issue only to preserve it for
review in the Supreme Court.
Slaughter applies by analogy to the instant case because the
statutes at issue are similar in structure and content. One
panel of this court may not overrule another. See United States
v. Fowler, 216 F.3d 459, 460 (5th Cir. 2000).
The judgment of the district court is AFFIRMED.
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