
    UNITED STATES of America, Plaintiff-Appellee, v. Sebastian FLORES-SERRANO, Defendant-Appellant.
    No. 05-40870.
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Decided Feb. 24, 2006.
    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, Laura Fletcher Leavitt, Assistant Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
    Before GARZA, DENNIS, and PRADO, Circuit Judges.
   PER CURIAM:

Sebastian Flores-Serrano appeals his guilty plea conviction and sentence for possession with intent to distribute 5.14 kilograms of cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). He contends that the provisions of § 841(a) and (b) are facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As Flores-Serrano concedes, his argument is foreclosed by circuit precedent. See United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000). He raises the issue only to preserve it for Supreme Court review. Accordingly, the district court’s judgment 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     