United States v. Samudio-De Alonso

* 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this opinion should not be published and is not precedent except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
October 25, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40173
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIA DE JESUS SAMUDIO-DE ALONSO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-342-ALL
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Maria de Jesus Samudio-de Alonso appeals her jury
convictions for importing into the United States, and possessing
with intent to distribute, cocaine. She argues pursuant to
Apprendi v. New Jersey, 530 U.S. 466 (2000), that (1) a
defendant’s knowledge of drug type and drug quantity are material
elements of the offense of conviction which must be proven beyond
a reasonable doubt to a jury and, therefore, the evidence was

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No. 06-40173
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insufficient to support her convictions and (2) 21 U.S.C.
§ 841 is facially unconstitutional.
She correctly concedes that these issues are foreclosed by
United States v. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir.
2003), and United States v. Slaughter, 238 F.3d 580, 582 (5th
Cir. 2000), respectively, and she raises them only to preserve
their further review by the Supreme Court. We are bound by our
precedent absent an intervening Supreme Court decision or a
subsequent en banc decision. See United States v. Short,
181 F.3d 620, 624 (5th Cir. 1999).
AFFIRMED.

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