United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-40438
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN DAVID STEVENSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-1312-ALL
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
John David Stevenson was found guilty following a bench
trial of possessing in excess of 100 kilograms of marijuana with
intent to distribute it in violation of 21 U.S.C. § 841.
Stevenson urges this court to reconsider the constitutionality of
suspicionless roadblock stops in light of Justice Thomas’s
dissent in City of Indianappolis v. Edmond, 531 U.S. 32, 56
(2000) (Thomas, J., dissenting). He also argues that 21 U.S.C.
§ 841 was rendered facially unconstitutional by Apprendi v. New
*
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that this opinion should not be published and is not precedent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. 03-40438
-2-
Jersey, 530 U.S. 466, 490 (2000). Stevenson concedes that his
arguments are foreclosed, and he raises the issues only to
preserve them for possible further 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 exists. Accordingly,
Stevenson’s arguments are indeed foreclosed. The judgment of the
district court is AFFIRMED.
The Government has moved for a summary affirmance in lieu of
filing an appellee’s brief. In its motion, the Government asks
that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.