United States v. Leyva ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 13, 2006
Charles R. Fulbruge III
Clerk
No. 06-40162
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERNESTO LEYVA, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:05-CR-578-ALL
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Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Ernesto Leyva,
Jr., raises arguments that are foreclosed by United States v.
Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000), which held that
Apprendi v. New Jersey, 530 U.S. 466 (2000), did not render 21
U.S.C. § 841 unconstitutional on its face. The Government’s
motion for summary affirmance is GRANTED, and 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that this opinion should not be published and is not precedent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.