United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 23, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-41103
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CESAR CHAVEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-00-CR-451-1
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Cesar Chavez appeals his conviction and 120-month sentence.
Chavez pleaded guilty to a charge of possession with intent to
distribute twenty-six kilograms of cocaine.
Chavez contends that 21 U.S.C. § 841 is unconstitutional in
light of the Supreme Court’s decision in Apprendi v. New Jersey,
530 U.S. 466, 490 (2000). As Chavez acknowledges, his argument
is foreclosed by this court’s precedent and is raised only to
*
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that this opinion should not be published and is not precedent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. 02-41103
-2-
preserve the issue for Supreme Court review. See United States
v. Fort, 248 F.3d 475, 482-83 (5th Cir. 2001); United States v.
Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
Chavez contends that the factual basis for his plea was
inadequate under FED. R. CRIM. P. 11(f). He asserts that the
factual summary presented at the rearraignment did not establish
that he knowingly possessed cocaine. Chavez’s contention, which
is raised for the first time, is reviewed for plain error only.
United States v. Vonn, 535 U.S. 55, 59 (2002).
The record demonstrates no error. At the rearraignment,
the district court ascertained that Chavez was pleading guilty
to possession with intent to distribute cocaine, and Chavez
did not object to the identification of the controlled substance
as cocaine. Further, in United States v. Gamez-Gonzalez,
319 F.3d 695, 700 (5th Cir. 2003), we reaffirmed our rejection of
the argument that Chavez asserts. Accordingly, Chavez’s
conviction and sentence are AFFIRMED.