United States v. Sanchez , 176 F. App'x 513 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 12, 2006
Charles R. Fulbruge III
Clerk
No. 04-40877
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL EUGENE SANCHEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CR-39-1
--------------------
Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Michael Eugene Sanchez appeals his conviction and sentence
for possession with the intent to distribute 801 kilograms of
marijuana, in violation of 21 U.S.C. § 841.
Sanchez argues that the evidence was insufficient to show
that he knew that he possessed the particular type and quantity
of controlled substance in this case. His argument is based on
the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S.
466 (2000). Sanchez states that he is raising this issue to
*
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this opinion should not be published and is not precedent except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. 04-40877
-2-
preserve it for Supreme Court review. This issue is foreclosed
by our opinion in United States v. Gamez-Gonzalez, 319 F.3d 695,
700 (5th Cir. 2003).
Sanchez also argues, 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.
Sanchez also acknowledges that he is raising this issue to
preserve it for Supreme Court review. This issue is foreclosed
by our opinion in United States v. Slaughter, 238 F.3d 580, 582
(5th Cir. 2000).
AFFIRMED.