Javier Oliva-Lopez (Oliva) appeals his guilty-plea conviction and sentence for possessing with the intent to distribute less than 50 kilograms of marijuana. Oliva contends that the sentencing scheme of 21 U.S.C. § 841 is facially unconstitutional in the light of Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

As Oliva concedes, his argument is foreclosed by this court’s decision in United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). He raises the issue only to preserve it for possible Supreme Court review. The judgment of the district court is AFFIRMED.