United States v. Guevara

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 21, 2006 Charles R. Fulbruge III Clerk No. 05-41850 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLAUDIO ROMERO GUEVARA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:04-CR-1106-4 -------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:* Claudio Romero Guevara appeals following his guilty plea conviction for possession with intent to distribute more than 1,000 kilograms of marijuana. He argues that 21 U.S.C. § 841 is unconstitutional in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000). Guevara acknowledges that his argument is foreclosed by this court’s precedent, United States v. Slaughter, 238 F.3d 580, 582 (5th

No. 05-41850 -2- Cir. 2000), but he seeks to preserve the issue for Supreme Court review.

Guevara’s argument is foreclosed. Slaughter, 238 F.3d at 582; see United States v. Fort, 248 F.3d 475, 482-83 (5th Cir. 2001). Accordingly, the district court’s judgment is AFFIRMED.