IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41096 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS ROQUE CARDENAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-01-CR-126-ALL -------------------- August 21, 2002 Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.

PER CURIAM:* Luis Roque Cardenas appeals his conviction for possessing with intent to distribute more than 50 kilograms of marijuana, under 21 U.S.C. § 841, which he contends is unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466 (2000). Cardenas concedes that this argument is foreclosed. See United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000), cert. denied., 532 U.S. 1045 (2001). He seeks to preserve his argument for further review. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.