United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 20, 2005

Charles R. Fulbruge III Clerk No. 04-41474 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VICTOR ACUNA-CARBAJAL,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:04-CR-276-ALL --------------------

Before SMITH, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Victor Acuna-Carbajal appeals his conviction and sentence

for possession with intent to distribute over 100 kilograms of

marijuana. Acuna-Carbajal contends that

is

facially unconstitutional in light of Apprendi v. New Jersey,

(2000). As Acuna-Carbajal concedes, his argument is

foreclosed by circuit precedent. See United States v. Slaughter,

, 582 (5th Cir. 2000). He raises the issue only to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-41474 -2-

preserve it for Supreme Court review. The district court’s

judgment is AFFIRMED.