United States v. Guevara

* 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this opinion should not be published and is not precedent except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. 05-41850
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLAUDIO ROMERO GUEVARA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-1106-4
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Claudio Romero Guevara appeals following his guilty plea
conviction for possession with intent to distribute more than
1,000 kilograms of marijuana. He argues that 21 U.S.C. § 841 is
unconstitutional in light of the Supreme Court’s decision in
Apprendi v. New Jersey, 530 U.S. 466 (2000). Guevara
acknowledges that his argument is foreclosed by this court’s
precedent, United States v. Slaughter, 238 F.3d 580, 582 (5th

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No. 05-41850
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Cir. 2000), but he seeks to preserve the issue for Supreme Court
review.
Guevara’s argument is foreclosed. Slaughter, 238 F.3d at
582; see United States v. Fort, 248 F.3d 475, 482-83 (5th Cir.
2001). Accordingly, the district court’s judgment is AFFIRMED.

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