Texte intégral
* 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this opinion should not be published and is not precedent except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 29, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20577
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS PEREZ-RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-9-2
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jesus Perez-Ramirez (Perez) appeals his conviction for
possession with intent to distribute cocaine, aiding and
abetting. For the first time on appeal, Perez argues that 21
U.S.C. § 841, the statute of conviction, is unconstitutional
under Apprendi v. New Jersey, 530 U.S. 466 (2000). Perez’s
appeal waiver does not bar review of this issue because he did
not waive his right to appeal his conviction.
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No. 04-20577
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Perez acknowledges that the constitutional challenge is
foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th
Cir. 2000), and that he is raising the issue to preserve it for
Supreme Court review.
AFFIRMED.
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