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UNITED STATES of America, Plaintiff-Appellee,
v.
Jose Guadalupe GALLEGOS, Defendant-Appellant
v.
Jose Guadalupe GALLEGOS, Defendant-Appellant
06-20056.
Court of Appeals for the Fifth Circuit.
Sep 8, 2006.
Unpublished opinion
198 F. App'x 389
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee., Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
King, Garwood, Jolly.
Unpublished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, 120 S.Ct. 2348, 147 L.Ed.2d 435 (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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.