Court of Appeals for the Fifth Circuit December 14, 2004, No. 03-41710 (United States v. Washington)

PER CURIAM: *

Marcus Washington appeals from his jury-verdict conviction for conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine. He first argues that his sentence is invalid pursuant to Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). In United States v. Pineiro, 377 F.3d 464, 465-66 (5th Cir.2004), petition for cert. filed, (U.