Conference Calendar UNITED STATES OF AMERICA v. Daniel Hernandez-Hernandez

* 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should not be published and is not precedent except under the limited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. 07-51426
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
DANIEL HERNANDEZ-HERNANDEZ
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-1591-ALL
Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Daniel Hernandez-
Hernandez 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 21 U.S.C. § 960(b) unconstitutional on its
face. 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
June 4, 2008
Charles R. Fulbruge III
Clerk

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