United States v. Lievanos

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 21, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41471
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERARDO LIEVANOS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-254-1
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Gerardo Lievanos appeals his guilty-plea conviction of
possession with intent to distribute more than 500 grams of
cocaine. Lievanos 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 v. New
Jersey, 530 U.S. 466 (2000). Lievanos correctly concedes that
his arguments are foreclosed by our opinion in United States v.

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No. 05-41471
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Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). He raises the
issue to preserve it for further review.
AFFIRMED.

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