Derly De La Garza appeals from his guilty plea conviction for possession with intent to distribute 8.84 grams of cocaine base. De La Garza correctly notes that his argument, made for the first time on appeal, that the district court lacked jurisdiction to convict and sentence him be *464 cause 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), is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). The judgment of the district court is AFFIRMED.