United States v. Regalado-Garcia

* 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this opinion should not be published and is not precedent except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. 05-41230
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ANTONIO REGALADO-GARCIA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:05-CR-1-ALL
--------------------
Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Jose Antonio Regalado-Garcia (Regalado) appeals his
conviction and sentence following his guilty plea to possession
of marijuana with intent to distribute. Regalado correctly notes
that his argument, made 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), is foreclosed by United States v.
Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). The judgment of
the district court is AFFIRMED.

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