United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 25, 2003
Charles R. Fulbruge III
Clerk
No. 02-41331
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DOLORES ANCIRA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-192-ALL
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Dolores Ancira appeals her guilty plea conviction for
possession of less than one hundred kilograms of marijuana with
intent to distribute. Ancira argues that 21 U.S.C. §§ 841 (a)
and (b) were rendered facially unconstitutional by Apprendi v.
New Jersey, 530 U.S. 466, 490 (2000). Ancira concedes that her
argument is foreclosed by our opinion in United States v.
Slaughter, 238 F.3d 580, 581-82 (5th Cir. 2000)(revised opinion),
cert. denied, 532 U.S. 1045 (2001), which rejected a broad
*
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that this opinion should not be published and is not precedent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. 02-41331
-2-
Apprendi-based attack on the constitutionality of that statute.
She raises the issue only to preserve it for Supreme Court
review. A panel of this court cannot overrule a prior panel’s
decision in the absence of an intervening contrary or superseding
decision by this court sitting en banc or by the United States
Supreme Court. Burge v. Parish of St. Tammany, 187 F.3d 452, 466
(5th Cir. 1999). No such decision overruling Slaughter exists.
Accordingly, Ancira’s argument is foreclosed.
AFFIRMED.