United States v. Gonzalez

169 F. App'x 346
Procedural entryThis page is a short order in United States v. Gonzalez. Read the opinion of the Court — 328 F.3d 755
Court of Appeals for the Fifth Circuit·Decided February 24, 2006·No. 05-40074·Unpublished

Opinion

PER CURIAM: *

Antonio Gonzalez pleaded guilty to possession with intent to distribute more than five kilograms of cocaine and was sentenced to 120 months of imprisonment and a five-year term of supervised release. Gonzalez argues for the first time on appeal that the provisions found in 21 U.S.C. § 841(a) and (b) are unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As he concedes, this issue is foreclosed. See 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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United States v. Gonzalez, 169 F. App'x 346 (5th Cir. 2006).

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Related

United States v. Slaughter
238 F.3d 580 (Fifth Circuit, 2001)
Apprendi v. New Jersey
530 U.S. 466 (Supreme Court, 2000)