United States v. Guzman , 168 F. App'x 657 ( 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. 05-40830
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEODEGARIO GUZMAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-154-1
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Leodegario Guzman appeals his conviction and sentence
following his guilty plea to importation of more than one
kilogram of heroin into the United States. Guzman correctly
notes that his argument, made for the first time on appeal, that
the district court lacked jurisdiction to convict and sentence
him because 21 U.S.C. § 841 is unconstitutional under Apprendi v.
New Jersey, 530 U.S. 466 (2000), is foreclosed by United States
v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
*
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this opinion should not be published and is not precedent except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. 05-40830
-2-
Guzman also 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. Guzman’s claim is not ripe for review.
See United States v. Riascos-Cuenu, 428 F.3d 1100, 1101-02 (5th
Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No. 05-
8662). Therefore, this court lacks jurisdiction to review this
claim.
AFFIRMED IN PART; DISMISSED IN PART.