United States v. Hernandez-Rodriguez

* 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that this opinion should not be published and is not precedent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 24, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50781
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ENRIQUE HERNANDEZ-RODRIGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:04-CR-2334-ALL
--------------------
Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Enrique
Hernandez-Rodriguez raises arguments that are foreclosed by
United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000),
which held that Apprendi v. New Jersey, 530 U.S. 466 (2000), did
not render 21 U.S.C. § 841 unconstitutional on its face. The
Government’s motion for summary affirmance is GRANTED, and the
judgment of the district court is AFFIRMED.

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