United States v. Toro-Munoz

176 F. App'x 517

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 12, 2006
• Docket: 05-40656
• Status: Unpublished

Opinion

PER CURIAM: *

Eduardo Alfonso Toro-Munoz (Toro) entered a guilty plea to one count of possession of 1.2 kilograms of methamphetamine with intent to distribute and was sentenced to 96 months of imprisonment and five years of supervised release. Toro contends that 21 U.S.C. § 841 is unconstitutional in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 488, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Toro acknowledges that his argument is foreclosed by this court’s precedent, United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), but he seeks to preserve the issue for Supreme Court review.

Toro’s argument is foreclosed. Slaughter, 238 F.3d at 582; see United States v. Fort, 248 F.3d 475, 482-83 (5th Cir.2001). Accordingly, the district court’s judgment 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.