IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50040
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEX VOGEL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-00-CR-203-19
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June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Alex Vogel appeals his guilty-plea convictions and sentences
for conspiracy to possess cocaine and cocaine base with intent to
distribute and possession of cocaine with intent to distribute.
As an initial matter, Vogel requests reconsideration of the
February 7, 2002, order denying him leave to proceed pro se on
appeal. As Vogel’s motion was filed after his counsel filed the
appellate brief, the motion was properly denied as untimely. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
Vogel’s request for reconsideration is DENIED.
*
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that this opinion should not be published and is not precedent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. 01-50040
-2-
Vogel alternatively moves to supplement counsel’s appellate
brief with his pro se appellate brief. This motion is DENIED.
See Myers v. Johnson, 76 F.3d 1330, 1335 (5th Cir. 1996).
Vogel contends that 21 U.S.C. § 841 is unconstitutional in
light of Apprendi v. New Jersey, 530 U.S. 466 (2000). As Vogel
concedes, his argument is foreclosed by circuit precedent, but he
raises the issue to preserve it for Supreme Court review. See
United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000),
cert. denied, 532 U.S. 1045 (2001). The judgment of the district
court is AFFIRMED.
AFFIRMED; MOTIONS DENIED.