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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-20524 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BILLY RAY ISHUP, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-584-1 -------------------- October 30, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Billy Ray Ishup appeals his conviction for distribution of cocaine base in violation of
21 U.S.C. § 841, which he contends is unconstitutional in light of Apprendi v. New Jersey,
530 U.S. 466(2000). Ishup concedes that this argument is foreclosed. See United States v. Slaughter,
238 F.3d 580, 582 (5th Cir. 2000), cert. denied.,
532 U.S. 1045(2001). He seeks to preserve * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-20524 -2- his argument for Supreme Court review. The judgment of the district court is AFFIRMED.
Document Info
Docket Number: 01-20524
Filed Date: 10/31/2002
Precedential Status: Non-Precedential
Modified Date: 12/21/2014