United States v. Lopez-Garcia

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40710 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARIO LOPEZ-GARCIA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. M-01-CR-63-1 -------------------- June 19, 2002

Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Mario Lopez-Garcia appeals his guilty-plea conviction and

sentence for possessing with the intent to distribute less than

20 kilograms of marijuana. Lopez-Garcia contends that 21 U.S.C.

§ 841 is facially unconstitutional in light of Apprendi v. New

Jersey, 530 U.S. 466 (2000).

As Lopez-Garcia concedes, his argument is foreclosed by

circuit precedent. See United States v. Slaughter, 238 F.3d 580,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 01-40710 -2-

582 (5th Cir. 2000), cert. denied., 532 U.S. 1045 (2001). He

raises the issue only to preserve it for Supreme Court review.

The judgment of the district court is AFFIRMED.