Court of Appeals for the Fifth Circuit August 20, 2003, No. 02-21032 (United States v. Gonzalez)

PER CURIAM.*

Manuel Gonzalez appeals his guilty plea conviction for conspiracy to possess with intent to distribute five kilograms re of cocaine. Gonzalez argues that 21 U.S.C. §§ 841(a) and (b) were rendered facially unconstitutional by Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).