United States v. Flores-Serrano
Opinion
Sebastian Flores-Serrano appeals his guilty plea conviction and sentence for possession with intent to distribute 5.14 kilograms of cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). He contends that the provisions of § 841(a) and (b) are facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As Flores-Serrano 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. Accordingly, the district court’s judgment is AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Sebastian FLORES-SERRANO, Defendant-Appellant
- Status
- Unpublished