United States v. Ostos-Del Angel

* 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this opinion should not be published and is not precedent except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
June 22, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-41173
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO OSTOS-DEL ANGEL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-119-ALL
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Antonio Ostos-Del Angel (Ostos) appeals his guilty-plea
conviction and sentence for importation into the United States
from Mexico of approximately 31 kilograms of cocaine, in
violation of 21 U.S.C. §§ 952(a), 960(a)(1) & (b)(1)(B) and
18 U.S.C. § 2. Ostos argues for the first time on appeal that
21 U.S.C. §§ 952 and 960(a) & (b) are unconstitutional in light
of the Supreme Court’s decision in Apprendi v. New Jersey, 530
U.S. 466 (2000). As Ostos concedes, this argument is foreclosed

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No. 04-41173
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by our decision in United States v. Slaughter, 238 F.3d 580 (5th
Cir. 2000).
AFFIRMED.

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