United States v. Stewart

*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this opinion should not be published and is not precedent except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 17, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-21061
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARLAND STEWART,
Defendant-Appellant.
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Appeals from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-730-ALL
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Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Garland Stewart appeals the revocation of supervised
release on his convictions for conspiring to distribute cocaine and
for distributing cocaine. He seeks to challenge the
constitutionality of 21 U.S.C. § 841(a) and (b) in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000). Because a challenge
under Apprendi is not jurisdictional, he may not present this claim
in an appeal following the revocation of supervised release. See

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2
United States v. Moody, 277 F.3d 719, 720-21 (5th Cir. 2001).
Moreover, as Stewart concedes, his Apprendi argument is foreclosed
by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
The judgment of the district court is AFFIRMED.

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