United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 12, 2006
Charles R. Fulbruge III
No. 05-41004 Clerk
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN MANUEL GUEVARA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-49-ALL
--------------------
Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Juan Manuel Guevara appeals his guilty-plea conviction for
possession of more than 50 kilograms of marijuana with intent to
distribute. Guevara argues that his conviction should be
reversed because 21 U.S.C. § 841 is unconstitutional under
Apprendi v. New Jersey, 530 U.S. 466 (2000). This issue is
foreclosed, as Guevara concedes, by United States v. Slaughter,
238 F.3d 580, 582 (5th Cir. 2000). Guevara’s conviction is
AFFIRMED.
*
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this opinion should not be published and is not precedent except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.