USA v. Lievanos

Filing 920060621

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

F I L E D
June 21, 2006 Charles R. Fulbruge III Clerk

No. 05-41471 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GERARDO LIEVANOS, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-254-1 -------------------Before STEWART, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Gerardo Lievanos appeals his guilty-plea conviction of possession with intent to distribute more than 500 grams of cocaine. Lievanos argues, for the first time on appeal, that the

district court lacked jurisdiction to convict and sentence him because 21 U.S.C. § 841 is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 (2000). Lievanos correctly concedes that

his arguments are foreclosed by our opinion in United States v.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

No. 05-41471 -2Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). issue to preserve it for further review. AFFIRMED. He raises the