USA vs. Ancira, (5th Cir. 2003)

Text

---

United States Court of Appeals

Fifth Circuit

F I L E D

IN THE UNITED STATES COURT OF APPEALS

June 25, 2003

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 02-41331

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DOLORES ANCIRA,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-02-CR-192-ALL

Before DeMOSS, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:* Dolores Ancira appeals her guilty plea conviction for possession of less than one hundred kilograms of marijuana with intent to distribute. Ancira argues that 21 U.S.C. §§ 841 (a) and (b) were rendered facially unconstitutional by Apprendi v. New Jersey,530 U.S. 466, 490 (2000). Ancira concedes that her argument is foreclosed by our opinion in United States v. Slaughter, 238 F.3d 580, 581-82 (5th Cir. 2000)(revised opinion), cert. denied,532 U.S. 1045 (2001), which rejected a broad Apprendi-based attack on the constitutionality of that statute.

She raises the issue only to preserve it for Supreme Court review. A panel of this court cannot overrule a prior panel's decision in the absence of an intervening contrary or superseding decision by this court sitting en banc or by the United States Supreme Court. Burge v. Parish of St. Tammany, 187 F.3d 452, 466 (5th Cir. 1999). No such decision overruling Slaughter exists.

Accordingly, Ancira's argument is foreclosed.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

---