United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2005
Charles R. Fulbruge III
Clerk
No. 04-40991
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE PARRA-SOTELO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CR-36-1
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Jorge Parra-Sotelo pleaded guilty to possession with intent
to distribute more than five kilograms of cocaine and was
sentenced to 120 months of imprisonment, five years of supervised
release, and a $200 fine. Parra-Sotelo argues for the first time
on appeal that the statute of conviction, 21 U.S.C. § 841(a),
(b), is unconstitutional under Apprendi v. New Jersey, 530 U.S.
466 (2000). Parra-Sotelo’s appeal waiver does not bar review of
this issue because he did not waive his right to appeal his
*
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this opinion should not be published and is not precedent except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. 04-40991
-2-
conviction. Nevertheless, as he concedes, this issue is
foreclosed. See United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000).
The judgment of the district court is AFFIRMED.