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. 03-41392
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO SOLIS MANRIQUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-03-CR-539-1
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Roberto Solis Manriquez pleaded guilty to one charge of
importing 5,147 grams of cocaine, and the district court
sentenced him to 46 months in prison and a three-year term of
supervised release. Manriquez now appeals his conviction and
sentence. He argues that the statutes of conviction, 21 U.S.C.
§§ 952 and 960, are facially unconstitutional in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000). Manriquez
acknowledges that his argument is foreclosed by United States v.
*
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that this opinion should not be published and is not precedent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. 03-41392
-2-
Slaughter, 238 F.3d 580, 582 (5th Cir. 2002), and he 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. United States v.
Fowler, 216 F.3d 459, 460 (5th Cir. 2000). Consequently,
Manriquez’s arguments are, as he concedes, foreclosed by
Slaughter. The judgment of the district court is AFFIRMED.