Testo completo
* 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this opinion should not be published and is not precedent except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. 06-40104
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL A. FLORES-ALVARADO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:05-CR-567-ALL
--------------------
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Miguel A. Flores-Alvarado (Flores) appeals his guilty-plea
conviction and sentence for importing into the United States from
Mexico approximately 9.29 kilograms of cocaine, in violation of
21 U.S.C. §§ 952(a), 960(a)(1), and 960(b)(1)(B) and 18 U.S.C.
§ 2. Flores raises only one argument in this court. For the
first time on appeal, he contends that 21 U.S.C. §§ 952 and
960(a) and (b) are facially unconstitutional under Apprendi v.
New Jersey, 530 U.S. 466 (2000), because drug quantity is an
element of the offense that must be presented to the trier of
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No. 06-40104
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fact. As Flores acknowledges, this argument is foreclosed by
this court’s precedent. See United States v. Slaughter, 238 F.3d
580, 582 (5th Cir. 2000).
AFFIRMED.
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