USA v. Kavanaugh

Filing 920060714

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

F I L E D
July 13, 2006 Charles R. Fulbruge III Clerk

No. 05-51625 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NORRIS DARROD KAVANAUGH, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 1:05-CR-141-ALL -------------------Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Norris Darrod Kavanaugh 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. § 841 unconstitutional on its face. The Government's

motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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