United States v. Oliva-Lopez

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 19, 2003
• Docket: 03-40097
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 20, 2003

Charles R. Fulbruge III Clerk No. 03-40097 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAVIER OLIVA-LOPEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-02-CR-859-ALL --------------------

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Javier Oliva-Lopez (Oliva) appeals his guilty-plea

conviction and sentence for possessing with the intent to

distribute less than 50 kilograms of marijuana. Oliva contends

that the sentencing scheme of 21 U.S.C. § 841 is facially

unconstitutional in the light of Apprendi v. New Jersey, 530 U.S.

466, 490 (2000).

As Oliva concedes, his argument is foreclosed by this

court’s decision in United States v. Slaughter, 238 F.3d 580, 582

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-40097 -2-

(5th Cir. 2000). He raises the issue only to preserve it for

possible Supreme Court review. The judgment of the district

court is AFFIRMED.