United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 20, 2003
Charles R. Fulbruge III
Clerk
No. 02-41793
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DOMINGO JIMENEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CR-221-1
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Domingo Jimenez appeals his guilty plea conviction for
possession of less than 100 grams of heroin. Jimenez 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). Jimenez concedes that his 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 Apprendi-based attack on the
*
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that this opinion should not be published and is not precedent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. 02-41793
-2-
constitutionality of that statute. He 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,
Jimenez’s argument is foreclosed.
AFFIRMED.