IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40174 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHELLE ACOSTA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-01-CR-304-1 -------------------- October 30, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:* Michelle Acosta appeals her guilty-plea conviction and sentence for possessing with the intent to distribute 25 kilograms of cocaine. Acosta contends that the sentencing scheme of 21 U.S.C. § 841 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466 (2000).

As Acosta concedes, her argument is foreclosed by this court’s decision in United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000), cert. denied., 532 U.S. 1045 (2001). She raises * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 02-40174 -2- the issue only to preserve it for Supreme Court review. The judgment of the district court is AFFIRMED.