United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS June 23, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-41071
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERMANEGILDO ALANIZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CR-340-5
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Hermanegildo Alaniz appeals his guilty plea conviction for
conspiracy to possess more than 100 kilograms of marijuana.
Alaniz argues that 21 U.S.C. §§ 841, 952, and 960 were rendered
facially unconstitutional by Apprendi v. New Jersey, 530 U.S.
466, 490 (2000). Alaniz concedes that his argument is foreclosed
by our opinion in United States v. Slaughter, 238 F.3d 580, 581-
82 (5th Cir. 2000), and he raises the issue to preserve it for
further review.
*
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that this opinion should not be published and is not precedent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. 03-41071
-2-
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 overruling Slaughter exists.
Accordingly, Alaniz’s argument is 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.