United States v. Rivera

79 F. App'x 628

Opinion

PER CURIAM . *

David M. Rivera appeals his guilty-plea conviction for possession with intent to distribute methamphetamine. In his sole argument on appeal, Rivera challenges the constitutionality of 21 U.S.C. § 841 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). He concedes that his argument is foreclosed by this court’s decision in United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000); however, he raises the issue in order to preserve it for possible further review.

Rivera’s argument regarding the constitutionality of 21 U.S.C. § 841 is indeed foreclosed by Slaughter, which specifically rejected the argument that Apprendi rendered 21 U.S.C. § 841 facially unconstitutional. Id. This court is bound by its precedent absent an intervening Supreme Court decision or a subsequent en banc decision. See United States v. Short, 181 F.3d 620, 624 (5th Cir.1999). Accordingly, Rivera’s conviction is affirmed.

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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.