United States v. Quintero , 168 F. App'x 636 ( 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 23, 2006
Charles R. Fulbruge III
Clerk
No. 05-40673
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARNULFO QUINTERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:03-CR-859-1
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Pursuant to a written agreement, Arnulfo Quintero pleaded
guilty to possession of more than five kilograms of cocaine with
intent to distribute and unlawful use of a firearm during the
commission of a drug trafficking crime. Quintero argues for the
first time on appeal that the district court abused its
discretion when it imposed a condition of supervised release that
requires him to cooperate in the collection of his DNA. This
claim is not ripe for review. See United States v.
*
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this opinion should not be published and is not precedent except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. 05-40673
-2-
Riascos-Cuenu, 428 F.3d 1100, 1100-01 (5th Cir. 2005), petition
for cert. filed (Jan. 9, 2006) (No. 05-8662). Therefore, this
court lacks jurisdiction to review this claim, and this portion
of the appeal is dismissed.
Quintero argues for the first time on appeal that his
conviction for possession of more than five kilograms of cocaine
with intent to distribute should be reversed because 21 U.S.C.
§ 841 is unconstitutional under Apprendi v. New Jersey, 530 U.S.
466 (2000). This issue is foreclosed, as Quintero concedes, by
United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
Quintero’s conviction is affirmed.
JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.