Juan Jose Hernandez (Hernandez) pleaded guilty to possession with intent to distribute more than 100 kilograms of marijuana and was sentenced to 60 months of imprisonment and a five-year term of supervised release. Hernandez argues for the first time on appeal that the provisions found in 21 U.S.C. § 841(a) and (b) are unconstitutional under Apprendi v. New *556 Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). 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.