
    UNITED STATES of America, Plaintiff-Appellee, v. Alma Violeta CRUZ-ORTEGA, Defendant-Appellant.
    No. 03-20408.
    Conference Calendar
    United States Court of Appeals, Fifth Circuit.
    Dec. 10, 2003.
    James Lee Turner, Assistant US Attorney, Glenn Cook, US Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Roland E. Dahlin, II, Federal Public Defender, Raquel Kathy Wilson, Assistant Federal Public Defender, Molly E. Odom, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
    Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
   PER CURIAM.

Alma Violeta Cruz-Ortega appeals from her conviction of possession with intent to distribute 100 grams or more of heroin. She contends that the district court erred by not adjusting her offense level for her minor role in the offense and, for the first time on appeal, that 21 U.S.C. § 841 is facially unconstitutional pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Cruz concedes that her Apprendi contention is foreclosed by the caselaw of this court, but she seeks to preserve the issue for further review.

First, Cruz’s sentence was based on her own activity in the offense, and the district court did not err by finding that Cruz was a critical link in the transportation of heroin into the United States. See United States v. Zuniga, 18 F.3d 1254, 1261 (5th Cir.1994); U.S.S.G. § 3B1.2, comment. (n.3(A)). Second, Apprendi did not render 21 U.S.C. § 841 facially unconstitutional. United States v. Slaughter, 238 F.3d 580, 583 (5th Cir.2000). Cruz has failed to demonstrate error, plain or otherwise, regarding Apprendi. See Fed. R.Crim. P. 52(b).

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     