U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. DeLeon Salinas

United States v. DeLeon Salinas
U.S. Court of Appeals for the Fifth Circuit · Decided April 12, 2006 · Jones, Jolly, Davis
177 F. App'x 398

United States v. DeLeon Salinas

Opinion

PER CURIAM: *

Ricardo DeLeon Salinas appeals his guilty-plea conviction and sentence for possession of 500 grams or more of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a) and (b). The district court imposed a statutory mandatory minimum prison sentence of 60 months and a supervised-release term of four years.

For the first time on appeal, Salinas contends that the district court lacked jurisdiction to convict and sentence him, on the ground that 21 U.S.C. § 841 is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As he concedes, this argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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