Larry Dale Kocevar pleaded guilty to possession with intent to distribute eleven kilograms of marijuana and was sentenced to 24 months of imprisonment, three years of supervised release, a $50 fine, and a $100 special, assessment. Kocevar argues for the first time on appeal that the provi *309 sions found at 21 U.S.C. § 841(a) and (b) are unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Kocevar’s appeal waiver, contained in his plea agreement, does not bar review of this issue because he did not waive his right to appeal the conviction. Nevertheless, as he concedes, this issue is foreclosed. See United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). Therefore, the judgment of the district court is AFFIRMED.