United States v. Bautista

* 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this opinion should not be published and is not precedent except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 20, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40864
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUTH BAUTISTA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:03-CR-332-1
--------------------
Before SMITH, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Ruth Bautista pleaded guilty to one charge of possession of
more than 500 grams of cocaine with intent to distribute and was
sentenced to serve 60 months in prison and a four-year term of
supervised release. Bautista argues for the first time on appeal
that the statute of conviction, 21 U.S.C. § 841(a), (b), is
unconstitutional under Apprendi v. New Jersey, 530 U.S. 466
(2000). This argument is, as she concedes, foreclosed. See
United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
The judgment of the district court is AFFIRMED.

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