UNITED STATES of America, Plaintiff-Appellee, v. Larry Dale KOCEVAR, Defendant-Appellant, 153 F. App'x 308

PER CURIAM: Larry Dale Kocevar pleaded guilty to possession with intent to distribute eleven kilograms of marijuana and was sentenced to 24 months of imprisonment, three years of supervised release, a $50 fine, and a $100 special, assessment. Kocevar argues for the first time on appeal that the provisions found at 21 U.S.C. § 841(

a) and (

b) are unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Kocevar’s appeal waiver, contained in his plea agreement, does not bar review of this issue because he did not waive his right to appeal the conviction. Nevertheless, as he concedes, this issue is foreclosed. See United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). Therefore, 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.