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, 2006
Charles R. Fulbruge III
No. 05-41474 Clerk
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DERLY DE LA GARZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:05-CR-289-ALL
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Derly De La Garza appeals from his guilty plea conviction
for possession with intent to distribute 8.84 grams of cocaine
base. De La Garza correctly notes that his argument, made for
the first time on appeal, that the district court lacked
jurisdiction to convict and sentence him because 21 U.S.C. § 841
is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466
(2000), is foreclosed by United States v. Slaughter, 238 F.3d
580, 582 (5th Cir. 2000). The judgment of the district court 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this opinion should not be published and is not precedent except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.