United States v. Gonzalez , 169 F. App'x 346 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-40074
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-254-1
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Antonio Gonzalez pleaded guilty to possession with intent to
distribute more than five kilograms of cocaine and was sentenced
to 120 months of imprisonment and a five-year term of supervised
release. Gonzalez argues for the first time on appeal that the
provisions found in 21 U.S.C. § 841(a) and (b) are
unconstitutional under Apprendi v. New Jersey, 530 U.S. 466
(2000). As he concedes, this issue is foreclosed. See United
States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
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this opinion should not be published and is not precedent except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.