United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 22, 2003
Charles R. Fulbruge III
Clerk
No. 03-40257
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID M. RIVERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-116-1
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Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
David M. Rivera appeals his guilty-plea conviction for
possession with intent to distribute methamphetamine. In his
sole argument on appeal, Rivera challenges the constitutionality
of 21 U.S.C. § 841 in light of the Supreme Court’s decision in
Apprendi v. New Jersey, 530 U.S. 466 (2000). He concedes that
his argument is foreclosed by this court’s decision in United
States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000); however,
*
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that this opinion should not be published and is not precedent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. 03-40257
-2-
he raises the issue in order to preserve it for possible further review.
Rivera’s argument regarding the constitutionality of
21 U.S.C. § 841 is indeed foreclosed by Slaughter, which
specifically rejected the argument that Apprendi rendered
21 U.S.C. § 841 facially unconstitutional. Id. This court is
bound by its precedent absent an intervening Supreme Court
decision or a subsequent en banc decision. See United States v.
Short, 181 F.3d 620, 624 (5th Cir. 1999). Accordingly, Rivera’s
conviction is affirmed.
AFFIRMED.