United States v. Contreras

* 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this opinion should not be published and is not precedent except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. 03-41721
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AMERICO CONTRERAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-03-CR-120-1
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Americo Contreras appeals his guilty plea conviction for
importation of marijuana into the United States. Contreras
argues that 21 U.S.C. §§ 952 and 960 were rendered facially
unconstitutional by Apprendi v. New Jersey, 530 U.S. 466, 490
(2000). Contreras concedes that his argument is foreclosed by
our opinion in United States v. Slaughter, 238 F.3d 580, 581-82
(5th Cir. 2000), and he raises the issue to preserve it for
further review.
United States Court of Appeals
Fifth Circuit
F I L E D
August 18, 2004
Charles R. Fulbruge III
Clerk

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No. 03-41721
-2-
A panel of this court cannot overrule a prior panel’s
decision in the absence of an intervening contrary or superseding
decision by this court sitting en banc or by the United States
Supreme Court. Burge v. Parish of St. Tammany, 187 F.3d 452, 466
(5th Cir. 1999). No such decision overruling Slaughter exists.
Accordingly, Contreras’s argument is foreclosed. The judgment of
the district court is AFFIRMED.

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