United States v. Salinas

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 22, 2003

Charles R. Fulbruge III Clerk No. 03-40411 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISA MONIQUE SALINAS,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-02-CR-248-1 --------------------

Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.

PER CURIAM:*

Isa Monique Salinas appeals from her guilty-plea conviction

for possession of more than 500 grams of cocaine with intent to

distribute. Salinas contends for the first time on appeal that

21 U.S.C. § 841 is unconstitutional in view of Apprendi v. New

Jersey, 530 U.S. 466 (2000). Salinas acknowledges that her

argument is foreclosed by United States v. Slaughter, 238 F.3d

580, 582 (5th Cir. 2000), but she seeks to preserve her argument

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-40411 -2-

for further review. The judgment of the district court is AFFIRMED.