IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-20421 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JASON BERNARD ROBINSON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-262-1 -------------------- April 11, 2002 Before SMITH, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:* Jason Bernard Robinson appeals his guilty-plea conviction and sentence for possessing with the intent to distribute 50 grams or more of cocaine base. Robinson contends that 21 U.S.C. § 841 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466 (2000).

As Robinson 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). The judgment of the district court is AFFIRMED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.