IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20462
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAFAEL CAMBRAY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(H-01-CR-904-2)
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February 6, 2003
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Rafael Cambray (“Cambray”) appeals the
sentence following his guilty plea conviction of possession of
marijuana with intent to distribute in violation of 21 U.S.C. §
841(a)(1). He contends that the district court erred in assigning
three points pursuant to U.S.S.G. § 3A1.2(b), “Official Victim.”
Additionally, Cambray argues, for the first time on appeal, that
the provisions in 21 U.S.C. § 841(a) and (b) are unconstitutional
in light of Apprendi v. New Jersey, 530 U.S. 466 (2000).
*
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this opinion should not be published and is not precedent except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.
As the district court’s finding is plausible in light of the
record read as a whole, the court did not clearly err in finding
that Cambray’s actions merited a three point enhancement pursuant
to U.S.S.G. § 3A1.2(b), “Official Victim.” See United States v.
Gillyard, 261 F.3d 506, 510 (5th Cir. 2001), cert. denied, 122 S.
Ct. 841 (2002); United States v. Dadi, 235 F.3d 945, 951 (5th Cir.
2000). Cambray acknowledges that his argument pursuant to
Apprendi, Cambray acknowledges that it is foreclosed by United
States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000), cert.
denied, 532 U.S. 1045 (2001), and that he merely seeks to preserve
it for further review.
AFFIRMED.
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