UNITED STATES OF Am. v. JAMES SLAUGHTER, also known as James Bernard Salone, 238 F.3d 580. · Go Syfert
UNITED STATES OF Am. v. JAMES SLAUGHTER, also known as James Bernard Salone, 238 F.3d 580. Cases Citing This Book View Copy Cite
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Failure to instruct a jury that a defendant cannot conspire with a government agent is not plain error when evidence establishes a conspiracy involving non-government participants.

A defendant appeals his convictions and sentences for drug conspiracy and distribution, arguing that the trial court erred by failing to instruct the jury that it is legally impossible to conspire with a government agent. Because the defendant did not raise this issue at trial, the court reviews the claim for plain error. The court finds no plain error because the government presented evidence of a conspiracy involving five individuals who were not government agents or informants. Consequently, the failure to provide the specific instruction did not affect the fairness or integrity of the judicial proceedings.

554 citation events (541 in the last 25 years) across 17 distinct courts.
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At page 582 Rejection of constitutional challenge to drug statute under Apprendi176 citing cases36 listed here
  • United States v. Gutierrez, 506 F. App'x 714 (10th Cir. 2012).unpublished
    See e.g., United States v. Cernobyl, 255 F.3d 1215, 1219 (10th Cir.2001) (“We now join [the Fourth, Fifth and Eleventh Circuits] in holding that § 841 remains constitutionally enforceable notwithstanding Apprendi.”)-, 3 see also United Sta…
  • United States v. Florentino Tovar-Rivas, 445 F. App'x 788 (5th Cir. 2011).unpublished
    The FPD concedes that this argument is foreclosed by this court’s precedent in United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), and he raises the issue solely to preserve it for possible further review.
  • United States v. Hernandez-Hernandez, 280 F. App'x 383 (5th Cir. 2008).unpublished
    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. 4…
  • United States v. Ramirez-Nolasco, 268 F. App'x 314 (5th Cir. 2008).unpublished
    *315 PER CURIAM: * Appealing the Judgment in a Criminal Case, Benito Ramirez-Nolasco 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.…
  • United States v. Gomez, 253 F. App'x 431 (5th Cir. 2007).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Luis Manuel Gomez 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 , 120…
  • United States v. Solis-Arzaga, 235 F. App'x 288 (5th Cir. 2007).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Adrian Alejandro Solis-Arzaga 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…
  • United States v. Morales, 235 F. App'x 289 (5th Cir. 2007).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Danny Morales 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 , 120 S.Ct…
  • United States v. Guzman-Majano, 234 F. App'x 273 (5th Cir. 2007).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Suyapa Guzman-Majano 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 , 1…
  • United States v. Maldonado-Martinez, 230 F. App'x 417 (5th Cir. 2007).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Miguel Angel Maldonado-Martinez 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…
  • United States v. Jackel, 224 F. App'x 371 (5th Cir. 2007).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Kandy Allen Jackel 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 , 120…
Show 26 more citing cases
  • United States v. Hernandez, 220 F. App'x 371 (5th Cir. 2007).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Agapito 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 , 120…
  • United States v. Garcia-Reyes, 218 F. App'x 320 (5th Cir. 2007).unpublished
    Garcia-Reyes concedes that his argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), but he states that he is raising the issue in order to preserve it for Supreme Court review.
  • United States v. Guajardo, 218 F. App'x 294 (5th Cir. 2007).unpublished
    Slaughter, 238 F.3d at 582 ("We see nothing in the Supreme Court decision in Appren-di which would permit us to conclude that 21 U.S.C. §§ 841 (a) and (b), 846, and 860(a) are unconstitutional on their face.”).
  • United States v. Lara-Barajas, 215 F. App'x 395 (5th Cir. 2007).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Adela Lara-Barajas 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 , 120…
  • United States v. Lopez-Ramirez, 209 F. App'x 445 (5th Cir. 2006).unpublished
    She correctly concedes that this issue is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000).
  • United States v. Vela, 207 F. App'x 481 (5th Cir. 2006).unpublished
    He acknowledges that this argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), but raises it to preserve it for further review.
  • United States v. Mireles, 471 F.3d 551 (5th Cir. 2006).published
    As Míreles concedes, this argument is foreclosed by our holding in United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), ce rt. denied, 532 U.S. 1045 , 121 S.Ct. 2015 , 149 L.Ed.2d 1015 (2001).
  • United States v. Tudon, 205 F. App'x 279 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Henry Aaron Tudon 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 , 120…
  • United States v. Arriaga, 205 F. App'x 275 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Roque Arriaga 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 , 120 S.Ct…
  • United States v. Rojas, 206 F. App'x 339 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Edgar Rojas 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 , 120 S.Ct.…
  • United States v. Rangel-Puente, 205 F. App'x 267 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Juan Carlos Rangel-Puente 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. 46…
  • United States v. Andaya, 205 F. App'x 260 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Leonel Andaya 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 , 120 S.Ct…
  • United States v. Aguero, 205 F. App'x 237 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Jesus Jose Agüero 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 , 120…
  • United States v. de la Hoz, 204 F. App'x 429 (5th Cir. 2006).unpublished 2 cites
    In United States v. Slaughter, 238 F.3d 580 , 582 (5th Cir. 2000), this court rejected the argument that Apprendi rendered § 841 facially unconstitutional. 238 F.3d at 582.
  • United States v. Samudio-De Alonso, 203 F. App'x 642 (5th Cir. 2006).unpublished
    She correctly concedes that these issues are foreclosed by United States v. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir.2003), and United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), respectively, and she raises them only to prese…
  • United States v. Kubik, 202 F. App'x 18 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Joel P. Kubik 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 , 120 S.Ct…
  • United States v. Santos-Garza, 202 F. App'x 9 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Arturo Santos-Garza 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 , 12…
  • United States v. Luera, 202 F. App'x 31 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Federico Luera 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 , 120 S.C…
  • United States v. Acosta-Torres, 202 F. App'x 20 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Juan Acosta-Torres 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 , 120…
  • United States v. Smith, 202 F. App'x 15 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Ronald Alexander Smith 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 ,…
  • United States v. Willett, 202 F. App'x 55 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Andrew Jay Willett 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 , 120…
  • United States v. Provencio, 202 F. App'x 41 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, David Lorenzo Provencio 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…
  • United States v. Castillo, 199 F. App'x 356 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Rene Castillo 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 , 120 S.Ct…
  • United States v. Romero, 198 F. App'x 390 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Miguel Angel Romero raises arguments that are foreclosed by United States *391 v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466…
  • United States v. Gallegos, 198 F. App'x 389 (5th Cir. 2006).unpublished
    PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Guadalupe Gallegos 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…
  • United States v. Sandoval-Alvarez, 196 F. App'x 297 (5th Cir. 2006).unpublished
    Sandoval-Alvarez 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.
At page 585 “presented evidence at trial to establish a conspiracy existed which included the defendant and five others who were not government agents or informants.”10 citing cases3 citing courts quote it · passage not found verbatim in the opinion (93%)
  • United States v. Cervantes, 107 F.4th 459 (5th Cir. 2024).published
    The court further stated that “[w]here the evidence clearly establishes that the defendant conspired with non-gov- ernmental participants, the mere fact a government agent was also involved in the scheme does not necessitate a Sears instru…
  • United States v. Salvador Colima-Suarez, No. 17-40879 (5th Cir. Sept. 7, 2018).unpublished 2 cites
    See Alaniz, 726 F.3d at 611 ; Hale, 685 F.3d at 541 ; see also Delgado, 672 F.3d at 342-43 ; Slaughter, 238 F.3d at 585.
  • United States v. Adan Gutierrez-Mendez, 752 F.3d 418 (5th Cir. 2014).published
    See United States v. Londono, 285 F.3d 348, 355 (5th Cir.2002); United States v. Slaughter, 238 F.3d 580, 585 (5th Cir.2000).
  • United States v. Fernando Ochoa, 521 F. App'x 328 (5th Cir. 2013).unpublished
    See United States v. Londono, 285 F.3d 348, 355 (5th Cir.2002); United *331 States v. Slaughter, 238 F.3d 580, 585 (5th Cir.2000).
  • United States v. Delgado, 631 F.3d 685 (5th Cir. 2012).published 2 cites
    “presented evidence at trial to establish a conspiracy existed which included [the defendant] and five others who were not government agents or informants”
  • United States v. Delgado, 631 F.3d 685 (5th Cir. 2012).published 2 cites
    “presented evidence at trial to establish a conspiracy existed which included [the defendant] and five others who were not government agents or informants”
  • United States v. Delgado, 631 F.3d 685 (5th Cir. 2011).published
    The court found Sears "distinguishable because the Government indicted and presented evidence at trial to establish a conspiracy existed which included Slaughter and five others who were not government agents or informants." Id. at 585.
  • United States v. Nava, 624 F.3d 226 (5th Cir. 2010).published
    United States v. Slaughter, 238 F.3d 580, 585 (5th Cir.2000) (per curiam). 15 . 476 F.3d 369, 389 (5th Cir.2007). 16 .
  • United States v. Moody, 564 F.3d 754 (5th Cir. 2009).published
    Woodard also objects that Taylor’s testimony involved hearsay. "[T]he district court may consider any relevant evidence, including uncorroborated hearsay statements, if the information has a 'sufficient indicia of reliability to support it…
  • United States v. Puckett, 505 F.3d 377 (5th Cir. 2007).published
    Third, the sentencing judge is entitled to consider any relevant evidence, including uncorroborated hearsay, if the information has “sufficient indicia of reliability to support its probable accuracy.” United States v. Slaughter, 238 F.3d…
At page 581 Foreclosing arguments based on prior court decisions30 citing cases2 listed here
  • United States v. Saenz, 286 F. App'x 166 (5th Cir. 2008).unpublished
    This argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 581-82 (5th Cir.2000), where this Court considered and rejected Saenz’s argument.
  • United States v. Castillo-Martinez, 218 F. App'x 367 (5th Cir. 2007).unpublished
    As he concedes, this argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 581-82 (5th Cir.2000).
At page 583 [A] fact used in sentencing that does not increase the penalty beyond the statutory maximum for the crime charged and proven need not be alleged in the indictment and proved to a jury beyond a reasonable doubt.1 citing case1 citing court put it this way
  • United States v. Hernandez, No. 98-41246 (5th Cir. May 25, 2001).unpublished 5 cites
    ([A] fact used in sentencing that does not increase the penalty beyond the statutory maximum for the crime charged and proven need not be alleged in the indictment and proved to a jury beyond a reasonable doubt.)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES OF AMERICA
v.
JAMES SLAUGHTER, also known as James Bernard Salone
Unpublished opinion
238 F.3d 580
2000 WL 1946670
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 99-11142
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAMES SLAUGHTER, also known as James Bernard Salone,

Defendant-Appellant.

--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:99-CR-10-1-C
--------------------
August 10, 2000

Before DAVIS, JONES, and DeMOSS, Circuit Judges.
[*~580–582]

PER CURIAM:*

James Slaughter appeals his jury convictions and the sentences imposed for conspiracy to distribute and possess with intent to distribute cocaine base in violation of 21 U.S.C. § 842; distribution and possession of cocaine base within 1,000 feet of a playground in violation of 21 U.S.C. §§ 841(a)(1) and 860(a) and 18 U.S.C. § 2; and two counts of distribution of cocaine base in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), (b)(1)(C), and 18 U.S.C. § 2. Slaughter argues that the court reporter’s failure to transcribe the jury instructions violates

* 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. 99-11142 -2- the Court Reporter Act, 28 U.S.C. § 753(b), and requires reversal of Slaughter’s convictions. The written jury instructions are included in the appellate records. Circuit Judge Carl E. Stewart granted the Government’s motion to supplement the record with affidavits of the trial attorneys and the court reporter, stating that the trial court read the jury instructions as written without any deviations. Because the written instructions are part of the record and because the above affidavits establish that the trial court read the instructions as written without any deviation, the court reporter’s failure to transcribe the jury instructions does not require the reversal of Slaughter’s convictions. See United States v. Pace, 10 F.3d 1106, 1125 (5th Cir. 1993).

[*~581–583]

Slaughter argues that the trial court erred in failing to instruct the jury on the theory of multiple conspiracies. Because Slaughter did not object to the district court’s failure to instruction the jury on this theory, review is limited to plain error. United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc). Under Fed. R. Crim. P. 52(b), this court may correct forfeited errors only when the appellant shows the following factors: (1) there is an error, (2) that is clear or obvious, and (3) that affects his substantial rights. Calverley, 37 F.3d at 162-64 (citing United States v. Olano, 507 U.S. 725, 730-36 (1993)). If these factors are established, the decision to correct the forfeited error is within the sound discretion of the court, and the court will not exercise that discretion unless the error seriously affects the fairness,

No. 99-11142 -3- integrity, or public reputation of judicial proceedings. Olano, 507 U.S. at 736. Slaughter does not argue that the evidence at trial showed that he was involved only in a separate uncharged conspiracy and not in the overall conspiracy charged in count one of the indictment; he does not dispute that the evidence presented at trial established his participation in the overall conspiracy in count one. Under such circumstances, the district court’s failure to five a jury instruction concerning multiple conspiracies was not plain error. See United States v. Castaneda-Cantu, 20 F.3d 1325, 1333 (5th Cir. 1994).

[*~582–584]

Slaughter argues that the district court erred in failing to instruct the jury that it was legally impossible for a defendant to conspire with a government agent or informant. Because Slaughter did not raise this argument in the district court, review is limited to plain error. See Calverley, 37 F.3d at 162-64. Slaughter’s reliance on Sears v. United States, 343 F.2d 139, 142 (5th Cir. 1962) is misplaced. In Sears, the court held that there could be no indictable conspiracy when the only other supposed coconspirator was a government informant. Id. at 142. This case is distinguishable because the Government indicted and presented evidence at trial to establish a conspiracy existed which included Slaughter and five others who were not government agents or informants. Slaughter does not argue that the evidence was insufficient to establish the existence of the conspiracy charged in count one of the indictment.

[*~583–585]

Slaughter argues that the district court erred in enhancing his offense level by four points for his role as a

No. 99-11142 -4- leader/organizer pursuant to § 3B1.1(a) of the United States Sentencing Guidelines. Although Slaughter testified at the sentencing hearing, he did not present any evidence to rebut the facts set forth in the Presentence Report which indicated that he was a leader/organizer of the conspiracy. The evidence established that at least twelve people sold cocaine case for Slaughter; that Slaughter recruited people to transport drugs, sell drugs, “cook” and cut up cocaine base, store cocaine base, count money, and carry out other tasks in furtherance of the conspiracy; that Slaughter used force and threats to keep the sellers in line; and that Slaughter derived substantial income which exceeded the share of the street dealers that he recruited. Slaughter has not shown that the district court clearly erred in finding that he was a leader/organizer of the conspiracy and in increasing his offense level under § 3B1.1(a). See United States v. Boutte, 13 F.3d 855, 860 (5th Cir. 1994).

[*~584–586]

Slaughter argues that the district court erred in enhancing his offense level by two points for obstruction of justice pursuant to § 3C1.1 of the Guidelines. He argues that the district court violated his due process rights and confrontation rights by considering the testimony of Drug Enforcement Administration Agent Brad Baker concerning hearsay statements at the sentencing hearing. For sentencing purposes, the district court may consider any relevant evidence, including uncorroborated hearsay statements, if the information has a “sufficient indicia of reliability to support its probable accuracy.” See United States v. Davis, 76 F.3d 82, 84 (5th Cir.

No. 99-11142 -5- 1996); United States v. Gaytan, 74 F.3d 545, 558 (5th Cir. 1996). Slaughter did not present any evidence, other than his denial at the sentencing hearing, to rebut Agent Baker’s testimony that Slaughter obstructed justice by threatening a codefendant and urging others to lie or leave town. Slaughter also did not show that Agent Baker’s testimony concerning the hearsay statements was materially untrue or unreliable. Therefore, he has not shown that the district court clearly erred in finding that he obstructed justice and in increasing his offense level under § 3C1.1.

[*~585–586]

Slaughter argues that the district court erred in enhancing his offense level by two points under § 2D1.1(a)(1) of the Guidelines because one offense occurred near a protected area. Because Slaughter did not raise this argument in the district court, review is limited to plain error. See Calverley, 37 F.3d at 162-64. Slaughter concedes that a two-level reduction in his offense level would not affect the applicable sentencing guideline range. If his offense level were reduced from 46 to 44, his offense level would still be treated as the maximum offense level of 43 pursuant to U.S.S.G. Ch.5, Pt. A, comment. (n.2). Because Slaughter concedes that the correction of this alleged error would not change the applicable guideline sentencing range, we decline to address the merits of this claim. See United States v. Lopez, 923 F.3d 47, 51 (5th Cir. 1991).

Slaughter argues that his conviction should be reversed because the jury was not required to find the quantity of drugs as an element of each of the charged offenses. Slaughter’s

No. 99-11142 -6- argument is foreclosed by this court’s precedent. See United States v. Rios-Quintero, 204 F.3d 214, 215 (5th Cir. 2000); United States v. Watch, 7 F.3d 422, 426 (5th Cir. 1993).

AFFIRMED.