IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40216
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ESMERALDA GONZALEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-881-1
--------------------
January 17, 2003
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Esmeralda Gonzalez appeals her conviction and sentence for
conspiracy to possess with intent to distribute and possession with
intent to distribute in excess of 100 kilograms of marijuana. She
contends that 21 U.S.C. § 841 is unconstitutional in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000). She concedes that
this argument is foreclosed by United States v. Slaughter, 238 F.3d
580, 582 (5th Cir. 2000), cert. denied, 532 U.S. 1045 (2001), but
seeks to preserve her argument for Supreme Court review.
*
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that this opinion should not be published and is not precedent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. 02-40216
-2-
Gonzalez also argues that the district court erroneously
admitted into evidence an investigating agent’s inventory list and
two sets of field notes prepared by investigating agents. Under
either an abuse-of-discretion or a plain-error standard of review,
Gonzalez’s argument fails. Assuming arguendo that the admission of
the evidence at issue was erroneous, the error was harmless given
its cumulative nature, the existence of other corroborating
evidence, and the overall strength of the prosecution’s case.
See United States v. Edwards, 303 F.3d 606, 623 (5th Cir. 2002).
AFFIRMED.