IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40677
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEJANDRO RAMIREZ-IZAGUIRRE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-3-1
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Alejandro Ramirez-Izaguirre appeals his conviction upon
entry of a guilty plea to a charge of possession with intent to
distribute approximately 108.9 kilograms of marijuana, a
violation of 21 U.S.C. § 841. Ramirez-Izaguirre 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
(2000). Ramirez-Izaguirre acknowledges that his argument is
foreclosed by this court’s precedent. United States v.
Slaughter, 238 F.3d 580, 582 (5th Cir. 2000), cert. denied, 532
*
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that this opinion should not be published and is not precedent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. 01-40677
-2-
U.S. 1045 (2001), but he seeks to preserve the issue for Supreme
Court review.
Ramirez-Izaguirre’s argument is foreclosed. Slaughter, 238
F.3d at 582; see United States v. Fort, 248 F.3d 475, 482-83 (5th
Cir.), cert. denied, 122 S. Ct. 405 (2001). Accordingly, the
district court’s judgment is AFFIRMED.