UNITED STATES of America, Plaintiff-Appellee, v. Maria De Jesus SAMUDIO-DE ALONSO, Defendant-Appellant, 203 F. App'x 642

PER CURIAM: Maria de Jesus Samudio-de Alonso appeals her jury convictions for importing into the United States, and possessing with intent to distribute, cocaine. She argues pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that (1) a defendant’s knowledge of drug type and drug quantity are material elements of the offense of conviction which must be proven beyond a reasonable doubt to a jury and, therefore, the evidence was insufficient to support her convictions and (2) 21 U.S.C. § 841 is facially unconstitutional.

She correctly concedes that these issues are foreclosed by United States v. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir.2003), and United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), respectively, and she raises them only to preserve their further review by the Supreme Court. We are bound by our precedent absent an intervening Supreme Court decision or a subsequent en banc decision. See United States v. Short, 181 F.3d 620, 624 (5th Cir.1999). 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R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.