IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40703 c/w 02-40750
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANDRES RODRIGUEZ, JR.,
Defendant-Appellant.
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANDRES TORRES RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-01-CR-736-1
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
*
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that this opinion should not be published and is not precedent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.
Nos. 02-40703 c/w 02-40750
-2-
Andres Torres Rodriguez, also known as Andres Rodriguez,
Jr., appeals from both his guilty-plea conviction for importation
of cocaine and the judgment of revocation of his term of
supervised release, which had been imposed for his conviction for
conspiracy to distribute marijuana. These appeals were
consolidated by this court.
For the first time on appeal, Rodriguez argues that the
statutes under which he was convicted for importing cocaine and
conspiring to distribute marijuana were rendered facially
unconstitutional by the Supreme Court’s holding in Apprendi v.
New Jersey, 530 U.S. 466 (2000). Rodriguez acknowledges that
this argument is foreclosed by this court’s precedent and raises
the argument solely to preserve it for possible Supreme Court
review. See United States v. Slaughter, 238 F.3d 580, 582 (5th
Cir. 2000), cert. denied, 532 U.S. 1045 (2001).
Rodriguez also contends that there was a clerical error in
the judgment revoking his term of supervised release. Because
this error was corrected in an amended judgment issued after
Rodriguez filed his appeal brief, this issue is now moot.
Accordingly, the district court’s judgment regarding
Rodriguez’s conviction for importation of cocaine and the
district court’s judgment revoking Rodriguez’s term of supervised
release are AFFIRMED.