United States v. Arce ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40456
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS ISRAEL ARCE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-01-CR-496-01
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jesus Israel Arce appeals his guilty-plea conviction and
sentence for possession with the intent to distribute more than
100 kilograms but less than 1000 kilograms of marijuana. Arce
contends that 21 U.S.C. § 841 is unconstitutional in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000).
As Arce concedes, his argument is foreclosed by this court's
decision in United States v. Slaughter, 238 F.3d 580, 582 (5th
*
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that this opinion should not be published and is not precedent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. 02-40456
-2-
Cir. 2000), cert. denied, 532 U.S. 1045 (2001). He raises the
issue only to preserve it for Supreme Court review. The judgment
of the district court is AFFIRMED.