United States v. Gonzalez

* 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that this opinion should not be published and is not precedent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
February 18, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20664
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARINO LUIS GONZALEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-664-1
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Marino Luis Gonzalez appeals his guilty-plea conviction for
possession with intent to distribute and importation of cocaine.
He argues that 21 U.S.C. §§ 841, 952, and 960 were rendered
facially unconstitutional by Apprendi v. New Jersey, 530 U.S.
466, 490 (2000). He concedes that his argument is foreclosed by
our opinion in United States v. Slaughter, 238 F.3d 580, 581-82
(5th Cir. 2000), which rejected a broad Apprendi-based attack on

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No. 03-20664
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the constitutionality of 21 U.S.C. § 841. He raises the issue
only to preserve it for Supreme Court review.
Slaughter applies directly to Gonzalez’s drug-possession
conviction and by analogy to his drug-importation conviction,
given the similarities between 21 U.S.C. § 841(a) & (b) and 21
U.S.C. § 952 and § 960(a)(1) & (b). His appeal is foreclosed by
Slaughter, and the judgment of the district court is therefore
AFFIRMED.

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