United States v. Williams ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 10, 2003
Charles R. Fulbruge III
Clerk
No. 03-40861
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBBY LAJUAN WILLIAMS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. V-02-CR-112-ALL
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Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Robby LaJuan Williams appeals his guilty plea conviction for
possession with intent to distribute less than five grams of
cocaine base. Williams argues that 21 U.S.C. §§ 841 (a) and (b)
were rendered facially unconstitutional by Apprendi v. New
Jersey, 530 U.S. 466, 490 (2000). Williams concedes that his
argument is foreclosed by our opinion in United States v.
Slaughter, 238 F.3d 580, 581-82 (5th Cir. 2000), which rejected a
broad Apprendi-based attack on the constitutionality of that
*
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that this opinion should not be published and is not precedent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. 03-40861
-2-
statute. He raises the issue only to preserve it for Supreme
Court review. 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, his argument is foreclosed, and
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.