United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-41025
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME DE LA CRUZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-03-CR-74-1
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jaime De La Cruz appeals his guilty plea conviction for
possession with the intent to distribute more than 1000 kilograms
of marijuana in violation of 21 U.S.C. § 841. He argues that
21 U.S.C. § 841 is unconstitutional in light of Apprendi v. New
Jersey, 530 U.S. 466 (2000). De La Cruz concedes that this court
rejected his argument in United States v. Slaughter, 238 F.3d
580, 582 (5th Cir. 2000), but asserts that he is raising it to
preserve it for Supreme Court review. As the argument is
*
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that this opinion should not be published and is not precedent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. 03-41025
-2-
foreclosed by circuit precedent, the judgment of the district
court is AFFIRMED.
United States v. De La Cruz
Combined Opinion