United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 24, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-10383
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAMON JAQUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:01-CR-176-1-Y
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Ramon Jaquez appeals his guilty-plea conviction and sentence
for possession with intent to distribute more than five kilograms
of cocaine. Jaquez argues, for the first time on appeal, that
21 U.S.C. § 841 is unconstitutional in light of Apprendi v. New
Jersey, 530 U.S. 466 (2000). He concedes that this argument is
foreclosed by United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000), but he raises it to preserve it 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that this opinion should not be published and is not precedent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. 02-10383
-2-
Also for the first time on appeal, Jaquez argues that the
factual basis is insufficient to support his guilty plea because
it does not establish that he knew the type and quantity of
controlled substance he possessed. This argument is foreclosed
by this court’s recent decision in United States v. Gamez-
Gonzalez, 319 F.3d 695, 700 (5th Cir. 2003).
AFFIRMED.