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. 03-40018
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CONCEPCION GARZA-GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-02-CR-372-1
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Concepcion Garza-Gonzalez appeals his conviction following
his guilty plea to importing 45.125 kilograms of marijuana in
violation of 21 U.S.C. §§ 952(a), 960(a)(1) and(b)(4), and
18 U.S.C. § 2. Garza-Gonzalez argues that §§ 952 and 960 are
facially unconstitutional in light of Apprendi v. New Jersey,
530 U.S. 466 (2000). He acknowledges that his argument
is foreclosed by this court’s decision in United States
v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000), cert. denied,
*
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that this opinion should not be published and is not precedent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. 03-40018
-2-
532 U.S. 1045 (2001), but raises the issue only to preserve it
for review in the Supreme Court.
Slaughter applies by analogy to the instant case because the
statutes at issue are similar in structure and content. One
panel of this court may not overrule another. See United States
v. Fowler, 216 F.3d 459, 461 (5th Cir.), cert. denied, 531 U.S.
960 (2000).
The judgment of the district court is AFFIRMED.