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. 02-41661
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOE ERLINDO MEDRANO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-89-CR-89-1
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
This appeal by Joe Erlindo Medrano is from a judgment
revoking his supervised release and resentencing. We AFFIRM.
Although Medrano’s notice of appeal states he is appealing
the revocation judgment and sentence, he also challenges the
validity of his underlying conviction of conspiracy to possess
and distribute marijuana. This challenge is based on his
contention that the statute of conviction, 21 U.S.C. § 841, is
facially unconstitutional in the light of Apprendi v. New Jersey,
*
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that this opinion should not be published and is not precedent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. 02-41661
-2-
530 U.S. 466 (2000). However, he seeks only to preserve the
claim for further review.
Medrano may not use this appeal from his new sentence for
the supervised-release violation as a vehicle to challenge the
language of the indictment or the drug quantity used in
calculating his original sentence. United States v. Moody,
277 F.3d 719, 720 (5th Cir. 2001). Accordingly, the district
court’s judgment is AFFIRMED.