United States v. Robinson ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20421
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JASON BERNARD ROBINSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-262-1
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Jason Bernard Robinson appeals his guilty-plea conviction
and sentence for possessing with the intent to distribute 50
grams or more of cocaine base. Robinson contends that 21 U.S.C.
§ 841 is facially unconstitutional in light of Apprendi v. New
Jersey, 530 U.S. 466 (2000).
As Robinson concedes, his argument is foreclosed by circuit
precedent. See United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000), cert. denied., 532 U.S. 1045 (2001). 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that this opinion should not be published and is not precedent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.