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

United States v. Lievanos

United States v. Lievanos
U.S. Court of Appeals for the Fifth Circuit · Decided June 21, 2006 · Stewart, Dennis, Owen
186 F. App'x 462

United States v. Lievanos

Opinion

PER CURIAM: *

Gerardo Lievanos appeals his guilty-plea conviction of possession with intent to distribute more than 500 grams of cocaine. Lievanos argues, for the first time on appeal, that the district court lacked jurisdiction to convict and sentence him because 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). Lievanos correctly concedes that his arguments are foreclosed by our opinion in United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). He raises the issue to preserve it for further review.

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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