United States v. Guerrero-Tejada

186 F. App'x 489

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 21, 2006
• Docket: 06-40011
• Status: Unpublished

Opinion

PER CURIAM: *

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.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.