United States v. Blanco-Lobo

* 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this opinion should not be published and is not precedent except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
December 12, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40358
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GABRIEL ANTONIO BLANCO-LOBO, also known as Sergio Alberto Lopez-
Cansino,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:05-CR-710-2
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Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Gabriel Antonio Blanco-Lobo (Blanco) appeals his guilty-plea
conviction and sentence for possession with intent to distribute
more than 100 kilograms but less than 1,000 kilograms of
marijuana. For the first time on appeal, Blanco contends that
21 U.S.C. § 841(a) and (b) are facially unconstitutional under
Apprendi v. New Jersey, 530 U.S. 466 (2000), because drug type
and quantity are elements of the offense that must be presented
to the trier of fact. As Blanco acknowledges, this argument is

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No. 06-40358
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foreclosed by this court’s precedent. See United States v.
Slaughter, 238 F.3d 580, 582 (5th Cir. 2000).
AFFIRMED.

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