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, 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.
202 F. App'x 41
UNITED STATES of America, Plaintiff-Appellee, v. David Lorenzo PROVENCIO, Defendant-Appellant.
No. 06-50431
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Oct. 5, 2006.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Philip J. Lynch, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.
Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
United States v. Provencio
202 F. App'x 41
Case Details
202 F. App'x 41
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