United States v. Torres-Hernandez

* 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that this opinion should not be published and is not precedent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. 02-40110
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE TORRES-HERNANDEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-779-ALL
--------------------
October 30, 2002
Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Jose Torres-Hernandez 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 Torres-Hernandez 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

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No. 02-40110
-2-
raises the issue only to preserve it for Supreme Court review.
The judgment of the district court is
AFFIRMED.

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