United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 9, 2005

Charles R. Fulbruge III Clerk No. 05-40322 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARY HELEN PIZANA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:04-CR-529-ALL --------------------

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Mary Helen Pizana appeals her conviction and sentence for

possession of 9.9 kilograms of cocaine with intent to distribute,

in violation of

(a) and (b)(1)(A). She argues

that the sentencing provisions of

(b) are

unconstitutional in light of Apprendi v. New Jersey,

(2000). She concedes that her argument is foreclosed by

our opinion in United States v. Slaughter,

, 581-82

(5th Cir. 2000). See United States v. Valenzuela-Quevedo,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-40322 -2-

(5th Cir.), cert. denied,

(2005). She raises the issue only to preserve it for further

review. Accordingly, Pizana’s argument is foreclosed, and the

judgment of the district court is AFFIRMED.