United States v. Guevara

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 12, 2006

Charles R. Fulbruge III No. 05-41004 Clerk Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN MANUEL GUEVARA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-49-ALL --------------------

Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.

PER CURIAM:*

Juan Manuel Guevara appeals his guilty-plea conviction for

possession of more than 50 kilograms of marijuana with intent to

distribute. Guevara argues that his conviction should be

reversed because 21 U.S.C. § 841 is unconstitutional under

Apprendi v. New Jersey, 530 U.S. 466 (2000). This issue is

foreclosed, as Guevara concedes, by United States v. Slaughter,

238 F.3d 580, 582 (5th Cir. 2000). Guevara’s conviction 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.