Rafael Mota pleaded guilty without a plea agreement to aiding and abetting and conspiracy to possess with intent to distribute one kilogram or more of a mixture or substance containing a detectable amount of heroin and was sentenced to 46 months of imprisonment. Mota argues that 21 U.S.C. § 841 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As Mota concedes, his argument is foreclosed by circuit precedent. See United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). He raises the issue only to preserve it for Supreme Court review. The district court’s judgment is

AFFIRMED.