United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 24, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-20706 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO EFRAIN DIEGUEZ-GARCIA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-542-1 -------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:* Antonio Efrain Dieguez-Garcia has appealed his conviction for possession with intent to distribute 1 kilogram or more of heroin and importation of heroin. Dieguez’ sole issue is whether 21 U.S.C. §§ 841(a)&(b), 952, and 960(a)&(b) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466 (2000). Dieguez concedes that his argument is foreclosed by this court’s precedent; he raises the issue only to preserve it for further

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-20706 -2- review. See United States v. Slaughter, 238 F.3d 580, 582 (2000). The judgment is AFFIRMED.