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* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-51014
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
BENITO RAMIREZ-NOLASCO
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-310-ALL
Before KING, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Benito Ramirez-Nolasco
raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580,
582-84 (5th Cir. 2000), which held that Apprendi v. New Jersey, 530 U.S. 466
(2000), did not render 18 U.S.C. § 841 and 21 U.S.C. § 960(b) facially
unconstitutional. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.
United States Court of Appeals
Fifth Circuit
F I L E D
March 5, 2008
Charles R. Fulbruge III
Clerk
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