IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40143 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSCAR FRANCISCO HERAS-JIMENEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-01-CR-691 -------------------- December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Oscar Francisco Heras-Jimenez (“Heras”) pleaded guilty to

possession with intent to distribute more than one hundred

kilograms of marijuana in violation of

(a)(1) and

(b)(1)(B). Heras contends that

is

unconstitutional in light of the Supreme Court’s decision in

Apprendi v. New Jersey,

(2000). Heras

acknowledges that his argument is foreclosed by this court’s

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40143 -2-

precedent, United States v. Slaughter,

, 582 (5th

Cir. 2000), but he seeks to preserve the issue for Supreme Court

review.

Heras’s argument is foreclosed. Slaughter, 238 F.3d at 582;

see United States v. Fort,

(5th Cir.), cert.

denied,

(2001). Accordingly, the district court’s

judgment is AFFIRMED.