United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 14, 2007
Charles R. Fulbruge III
Clerk
No. 06-40605
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANGELICA LISNEROS-GUERRERO, true name Angelica Lineros-Gerrero,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-2305-ALL
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Angelica Lisneros-Guerrero (Lisneros) appeals her conviction
and sentence following her guilty plea to possession with intent
to distribute over five kilograms of cocaine in violation of 21
U.S.C. § 841. Lisneros argues for the first time on appeal that
the holding in Apprendi v. New Jersey, 530 U.S. 466 (2000),
renders § 841(a) & (b) facially unconstitutional because Congress
intended drug quantity and type to be a sentencing factor and the
statute cannot be rewritten by the courts to correct the alleged
unconstitutionality simply by treating drug quantity and type as
*
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this opinion should not be published and is not precedent except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. 06-40605
-2-
elements of the offense. She correctly concedes that this issue
is foreclosed by United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000). She raises it only to preserve further review
by the Supreme Court. We are bound by our precedent absent an
intervening Supreme Court decision or a subsequent en banc
decision. United States v. Short, 181 F.3d 620, 624 (5th Cir.
1999).
AFFIRMED.