Macsimiano Rios (“Rios”) appeals his guilty-plea conviction and sentence for aiding and abetting in the possession with intent to distribute nine kilograms of cocaine. He argues that 21 U.S.C. § 841(a) and (b) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Rios raises an issue that he concedes is foreclosed but seeks to preserve for further review.

This argument is foreclosed by our decision in United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). Accordingly, Rios’s conviction and sentence are AFFIRMED.