Ramon Guerrero-Tejada (Guerrero) pleaded guilty to possession with intent to distribute 262.1 kilograms of marijuana and was sentenced to 108 months of imprisonment, four years of supervised release, and a $100 special assessment.

Guerrero contends 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, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Guerrero acknowledges that his argument is foreclosed by this court’s precedent, United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000), but he seeks to preserve the issue for Supreme Court review.

Guerrero’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.