United States v. Romero-Villarreal

* 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this opinion should not be published and is not precedent except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 11, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40469
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN JOSE ROMERO-VILLARREAL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-756-ALL
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Juan Jose Romero-Villarreal (Romero) appeals his guilty-plea
conviction and sentence for possession with the intent to
distribute more than 100 kilograms of marijuana, in violation of
21 U.S.C. § 841(a). He argues that the district court erred by
ordering him to cooperate in the collection of a DNA sample as a
condition of supervised release. Romero’s claim is not ripe for
review on direct appeal. See United States v. Riascos-Cuenu, 428
F.3d 1100, 1101-02 (5th Cir. 2005), petition for cert. filed

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No. 05-40469
-2-
(Jan. 9, 2006) (No. 05-8662). The claim is dismissed. See id.
at 1102.
As Romero correctly notes, his additional argument, made for
the first time on appeal, that the district court lacked
jurisdiction to convict and sentence him because 21 U.S.C. § 841
is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466
(2000), is foreclosed by United States v. Slaughter, 238 F.3d
580, 582 (5th Cir. 2000).
JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.

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