
    UNITED STATES of America, Plaintiff-Appellee v. Benjamin WHIPPLE, Jr., also known as Benjamin Whipple, Defendant-Appellant.
    No. 11-50782
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    June 19, 2012.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
    Philip J. Lynch, Assistant Federal Public Defender, Federal Public Defender’s Office, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
    Before DAVIS, STEWART, and PRADO, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Benjamin Whipple, Jr., raises an argument that he concedes is foreclosed by United States v. Slaughter, 238 F.3d 580 (5th Cir.2000), which rejected a challenge based on the reasoning of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), to the constitutionality of 21 U.S.C. § 841(b). The Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     